***************************************************************** 09/13/04 **** RADIATION BULLETIN(RADBULL) **** VOL 12.219 ***************************************************************** RADBULL IS PRODUCED BY THE ABALONE ALLIANCE CLEARINGHOUSE ***************************************************************** Send News Stories to news@energy-net.org with title on subject line and first line of body NUCLEAR POLICY 1 UN Atomic Watchdog Urges Iran's Accelerated Cooperation On Nuclear P 2 [NukeNet] Bush, USA To Attack Iranian Nuke Facilities? 3 Guardian Unlimited: U.N. Nuclear Agency Meets to Discuss Iran 4 Las Vegas SUN: U.N. Nuclear Agency Meets to Discuss Iran 5 BBC: IAEA mulls Iran atomic resolution 6 Las Vegas SUN: Report: N.Korea Says Explosion Was Planned 7 BBC: IAEA concern at S Korea research 8 Guardian Unlimited: North Korea denies nuclear blast 9 JoongAng Daily: 6-nation talks appear unlikely, officials say 10 US: Charleston.Net: Protest against plutonium takes to the air 11 US: DOT: Compatibility regulations with IAEA - Final Rule 12 PolitInfo: New Challenges Appear in Effort to Limit Spread of Nuclea 13 TIME Asia Magazine: Radioactive Slips NUCLEAR REACTORS 14 US: NIRS/Public Citizen take NRC to court over public 15 US: PA nuclear plants out of compliance 16 US: San Luis Obispo Tribune: Preparing for the worst 17 AU ABC: Lucas Heights reactor license bid made » 18 US: NRC: NRC Issues Final Safety Evaluation Report and Final Design 19 US: NRC: Foster Wheeler Environmental Corporation; Issuance of 20 US: NRC: Foster Wheeler Environmental Corporation; Issuance of NUCLEAR SAFETY 21 US: [epa-impact] Example Exposure Scenarios 22 US: [FOODIRRADIATIONCA] AB 1988 still on the Governor's Desk! 23 US: [DU-WATCH] Pentagon Brass Rattled by Uranium Munitions article 24 [DU-WATCH] DU: A death sentence here and abroad 25 US: [du-list] NRC License to Army for DU 26 US: Epstein asks for EP upgrades; Wal-Mart dealt setback 27 US: [NukeNet] 3 Mile Island: Health Study Meltdown 28 US: Rep. Strickland: STRICKLAND ASKS SECRETARY OF ENERGY TO BLOCK AN 29 US: Paducah Sun: Decision coming on sick worker program home 30 US: Paducah Sun: Sick workers' shift supported 31 US: PittsburghLIVE.com: Help sought for victims of radiation cancers NUCLEAR FUEL CYCLE 32 Las Vegas SUN: Where I Stand -- Brian Greenspun: A missed opportunit 33 US: AU ABC: Greens seek uranium mine review release » 34 US: AU ABC: Ranger audits begin today » 35 NEWS.com.au: Green challenge on N-dump NUCLEAR WEAPONS US DEPT. OF ENERGY 36 Re: A matter of national security! and THE BIG LIE ("NUKES ARE 37 Paducah Sun: First hearing set in Lockheed whistleblower suits OTHER NUCLEAR 38 [du-list] the word "atomicity" ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 UN Atomic Watchdog Urges Iran's Accelerated Cooperation On Nuclear Programme Date: Mon, 13 Sep 2004 12:01:30 -0400 UN ATOMIC WATCHDOG URGES IRAN’S ACCELERATED COOPERATION ON NUCLEAR PROGRAMME New York, Sep 13 2004 12:00PM The head of the United Nations atomic watchdog agency charged with preventing the spread of nuclear weapons today called on Iran to suspend all uranium enrichment activities “in light of serious international concerns” about the nature of its nuclear programme. The International Atomic Energy Agency’s <"http://www.iaea.org/NewsCenter/Statements/2004/ebsp2004n006.html">(IAEA) Director-General, Mohamed ElBaradei, also reported that he could give not assurances about the non-diversion of nuclear material in the Democratic People’s Republic of Korea (DPRK), which “continues to pose a serious challenge” to non-proliferation since it has not allowed verification activities for nearly two years. He also stressed that, while the Agency’s efforts to prevent nuclear terrorism have continued to accelerate and expand, “clearly, the circumstances that first led to a plan for protection against nuclear and radiological terrorism have not diminished.” While voicing satisfaction over progress in understanding the nature of Iran’s nuclear programme in connection with its legal obligations under the Nuclear Non-Proliferation Treaty (NPT), Mr. ElBaradei noted that in June the country reversed its decisions to suspend some enrichment related activities undertaken as a confidence building measure. “I have continued to stress to Iran that, during this delicate phase while work is still in progress to verify its past nuclear programme, and in light of serious international concerns surrounding that programme, it should do its utmost to build the required confidence through the Agency,” he said in his introductory statement to the opening of the Agency’s Board of Governors meeting in Vienna. “I would urge Iran, therefore, to continue to accelerate its cooperation, pursuing a policy of maximum transparency and confidence building, so that we can bring the remaining outstanding issues to resolution within the next few months and provide assurance to the international community,” he added. Enriched uranium can be used to make nuclear weapons and the IAEA has strongly deplored Iranian breaches of the NPT, which included a long-running failure to disclose past activities. Mr. ElBaradei has repeatedly said the Agency had no proof Iran’s activities were linked to a nuclear weapons programme and Tehran has consistently denied any such intention. Today he noted that no additional undeclared Iranian activities had come to light since his last report to the Board in June. Iran has also provided new information in response to Agency requests, although in certain instances the process needed to be accelerated, he said. Progress was also made towards ascertaining the source of high enriched uranium (HEU) found at the Kalaye Electric Company and Natanz, in part due to the cooperation provided by other States, and it appears plausible that this HEU contamination may not have resulted from enrichment by Iran at these locations. But the IAEA is continuing to pursue the identification of sources and reasons for such contamination. On Libya, which in December renounced all programmes leading to the production of internationally proscribed weapons, Mr. ElBaradei reported that the North African country had provided prompt access to locations requested, made senior personnel available and taken corrective actions as required by its NPT safeguards agreement. Verification activities confirmed that for many years Libya had pursued a clandestine programme of uranium conversion and enrichment, he added. On the Republic of Korea (ROK), which last month told the IAEA that scientists had produced a minute amount of enriched uranium without government knowledge during vapour laser isotope separation experiments, Mr. ElBaradei said the Agency would continue its investigations and had received full cooperation. But, he added: “It is a matter of serious concern that the conversion and enrichment of uranium and the separation of plutonium were not reported to the Agency as required by the ROK safeguards agreement.” On the Middle East he regretted that there had been no progress in consultations with the various states on the application of full scope safeguards to all nuclear activities there. 2004-09-13 00:00:00.000 ________________ For more details go to UN News Centre at http://www.un.org/news To change your profile or unsubscribe go to: http://www.un.org/news/dh/latest/subscribe.shtml ***************************************************************** 2 [NukeNet] Bush, USA To Attack Iranian Nuke Facilities? Date: Mon, 13 Sep 2004 14:21:07 -0700 >From Ack Malten: Useful links on the Illegality of Nuclear Weapons are: The International Court of Justice [ICJ] Advisory Opinion on Threat or Use of Nuclear Weapons, **including ALL the Separate Opinions of ALL the Judges**, the Canberra Report, the CTBT Text and Protocol, the NPT text and the 1925 Gas Protocol, the Nuremberg Principles and the MODEL Nuclear Weapons Convention can be found at my website under the Documents Index: http://www.cornnet.nl/~akmalten/docs.html U.S. Undersecretary of State John Bolton, President Bush's top official on nuclear non-proliferation, said on Sunday when asked, during a brief visit to Israel, whether Washington would consider attacking Iran's nuclear facilities: ``President Bush is determined to try and find a peaceful and diplomatic solution to the problem of Iran's pursuit of nuclear weapons,'' he said. ``But we are determined that they are not going to achieve a nuclear weapons capability.'' http://www.nytimes.com/reuters/international/international-nuclear-iran.html Iran Says It Won't Halt Nuclear Technology Drive By REUTERS Published: September 12, 2004 Filed at 9:08 a.m. ET TEHRAN (Reuters) - Iran Sunday rejected European demands it abandon sensitive nuclear activities but reiterated its readiness to provide assurances that its atomic ambitions are entirely peaceful. Western diplomats say Britain, France and Germany have demanded Iran halt all parts of the atomic fuel cycle, particularly uranium enrichment, that can be used to make bombs. Advertisement The European Union trio have proposed a draft resolution for a meeting of the International Atomic Energy Agencystarting in Vienna Monday which gives Iran until November to dispel doubts about its nuclear program. Asked about the EU trio's stance, Foreign Ministry spokesman Hamid Reza Asefi reiterated that Iran had no intention of abandoning its efforts to master the nuclear fuel cycle. ``If the Europeans and the international community want assurances that nuclear technology will be for peaceful purposes, we are ready to give assurances,'' Asefi told a weekly news conference. ``But if the issue is that we cannot master nuclear technology for peaceful purposes, that is out of the question because we have already reached that point,'' he said. The trio's draft does not order Tehran to be automatically reported to the U.N. Security Council if it does not meet the deadline, as Washington wishes. It says the IAEA board will ``probably'' consider whether further steps are needed after receiving IAEA chief Mohamed ElBaradei's next report on Iran in November. BOLTON: IRAN CAN'T HAVE NUKES U.S. Undersecretary of State John Bolton, President Bush's top official on nuclear non-proliferation, said on Sunday when asked, during a brief visit to Israel, whether Washington would consider attacking Iran's nuclear facilities: ``President Bush is determined to try and find a peaceful and diplomatic solution to the problem of Iran's pursuit of nuclear weapons,'' he said. ``But we are determined that they are not going to achieve a nuclear weapons capability.'' Washington has accused Iran of developing nuclear weapons under cover of a peaceful atomic energy program, a charge Iran vehemently denies. The IAEA has found many previously concealed nuclear activities in Iran but no ``smoking gun'' backing the U.S. view. Iran insists its nuclear facilities will be used only to generate electricity. It says that as a signatory of the nuclear Non-Proliferation Treaty it has the right to develop nuclear technology for peaceful purposes under IAEA supervision. Eager to prevent its case being sent to the Security Council, Iran has again offered to temporarily suspend enrichment-related activities, European officials have said. Iran made a similar promise in a deal struck with Britain, Germany and France in October 2003, but it never fully suspended enrichment activities and in June said it had abandoned the pledge. Bolton said sending Iran's case to the U.N. Security Council would not necessarily lead to sanctions being imposed on Iran. ``The most important reason to take Iran to the Security Council is to heighten political pressure,'' he said. Asefi said Iran was exploring a broader deal with the EU which would address other areas of EU concern such as terrorism, human rights and Middle East violence. ``We think it is a pity that Iran and Europe's huge potentials are focused on only one issue ... We are thinking of a comprehensive cooperation with Europe and negotiations covering those subjects are part of it.'' _______________________________________________________________________ Subscribe/Unsubscribe Here: http://www.energyjustice.net/nukenet/ Change your settings at: http://energyjustice.net/mailman/listinfo/nukenet_energyjustice.net ***************************************************************** 3 Guardian Unlimited: U.N. Nuclear Agency Meets to Discuss Iran From the Associated Press [UP] Monday September 13, 2004 1:46 PM AP Photo JRL107 By GEORGE JAHN Associated Press Writer VIENNA, Austria (AP) - The U.N. atomic watchdog agency began a key meeting Monday that will consider a European draft resolution on Iran's nuclear program, with the United States lobbying its allies to have Tehran hauled before the Security Council. Russia said it was opposed to the U.S.-proposed move, at least for now. ``We think it is premature for the U.N. Security Council to discuss this issue,'' Yury Fedotov, a deputy Russian foreign minister, told the Interfax news agency in Moscow. A key point of contention was Iran's refusal to fully give up uranium enrichment - and banish suspicions it is interested in nuclear arms. Tehran appeared ready to compromise as the meeting of the International Atomic Energy Agency's board opened. Hossein Mousavian, Iran's chief delegate, said that ``at the moment'' a partial freeze on assembling and making parts for centrifuges - a key part of the enrichment process - was in effect. But IAEA chief Mohamed ElBaradei said Iran had not delivered on any such commitment, although talks with Tehran continued on the issue. The IAEA board of governors meeting also heard brief comments on South Korea's clandestine uranium enrichment and plutonium extraction experiments from agency chief Mohamed ElBaradei. The issue of Iran was not expected to be discussed before Tuesday at the earliest. ElBaradei said South Korea's failure to report its experiments as required by agreements it had with the IAEA were a ``matter of serious concern.'' He said he would have a fuller report on Seoul's clandestine nuclear activities by the next board meeting in November. Repeating his government's stance, South Korean delegate Cho Chang-Bom told reporters the experiments involved only minute quantities of enriched uranium and plutonium and were performed by a small group of renegade scientists ``without the knowledge and authorization of the government.'' He said that - with the revelations now public - South Korea harbored no more nuclear secrets. Washington appeared to soften its rhetoric on Iran before the opening session in apparent recognition that it might not get its way immediately. But its case was bolstered over the longer term after key European allies agreed to set a November deadline for Iran to meet demands meant to banish concerns over its possible pursuit of nuclear weapons. In a confidential draft resolution prepared by France, Germany and Britain and made available to The Associated Press, the three European powers warned of possible ``further steps'' by November, the next time the Vienna-based International Atomic Energy Agency convenes a meeting of its board of governors. Diplomats defined that phrase as shorthand for referral of Iran's case to the U.N. Security Council if Tehran hinders the IAEA's nuclear investigation or refuses to suspend uranium enrichment - which can be used to generate power or make nuclear weapons. ElBaradei suggested he did not consider November a deadline. ``It's an open process and we will finish when I believe we are finished,'' he told reporters. Still the European warning did not go far enough for the United States. A U.S. official, speaking on condition of anonymity as the meeting opened, told the AP Washington was looking to more tightly define what would set off the ``trigger'' that would lead to Security Council referral. He did not elaborate, but a diplomat familiar with the draft said the Americans were not happy with the word ``probably'' in the text, which said the board will ``probably'' make a ``definite determination on whether or not further steps are required.'' Speaking in the Iranian capital Sunday, Foreign Ministry spokesman Hamid Reza Asefi said his country would not abandon uranium enrichment. He repeated that Iran was willing to provide guarantees that it was not seeking nuclear arms, assurances that the United States and key allies have dismissed in the past as inadequate. Mousavian, the chief Iranian delegate in Vienna, said any suspension ``would not last forever.'' Asked about Iran on Sunday, Undersecretary of State John Bolton, Washington's point-man on nuclear nonproliferation, said Security Council sanctions were ``not inevitable,'' but suggested they were likely. He said President Bush is ``determined to try to find a peaceful and diplomatic solution,'' but hinted that all options remain open. ``We're determined that they're not going to achieve a nuclear-weapons capability,'' said Bolton, describing the United States and Europe as close to agreement on what steps to take at the upcoming IAEA meeting. --- On the Net: www.iaea.org Guardian Unlimited © Guardian Newspapers Limited 2004 ***************************************************************** 4 Las Vegas SUN: U.N. Nuclear Agency Meets to Discuss Iran By GEORGE JAHN ASSOCIATED PRESS VIENNA, Austria (AP) - 0912iran-nuclear The U.N. atomic watchdog agency began a key meeting Monday that will consider a European draft resolution on Iran's nuclear program, with the United States lobbying its allies to have Tehran hauled before the Security Council. Russia said it was opposed to the U.S.-proposed move, at least for now. "We think it is premature for the U.N. Security Council to discuss this issue," Yury Fedotov, a deputy Russian foreign minister, told the Interfax news agency in Moscow. A key point of contention was Iran's refusal to fully give up uranium enrichment - and banish suspicions it is interested in nuclear arms. Tehran appeared ready to compromise as the meeting of the International Atomic Energy Agency's board opened. Hossein Mousavian, Iran's chief delegate, said that "at the moment" a partial freeze on assembling and making parts for centrifuges - a key part of the enrichment process - was in effect. But IAEA chief Mohamed ElBaradei said Iran had not delivered on any such commitment, although talks with Tehran continued on the issue. The IAEA board of governors meeting also heard brief comments on South Korea's clandestine uranium enrichment and plutonium extraction experiments from agency chief Mohamed ElBaradei. The issue of Iran was not expected to be discussed before Tuesday at the earliest. ElBaradei said South Korea's failure to report its experiments as required by agreements it had with the IAEA were a "matter of serious concern." He said he would have a fuller report on Seoul's clandestine nuclear activities by the next board meeting in November. Repeating his government's stance, South Korean delegate Cho Chang-Bom told reporters the experiments involved only minute quantities of enriched uranium and plutonium and were performed by a small group of renegade scientists "without the knowledge and authorization of the government." He said that - with the revelations now public - South Korea harbored no more nuclear secrets. Washington appeared to soften its rhetoric on Iran before the opening session in apparent recognition that it might not get its way immediately. But its case was bolstered over the longer term after key European allies agreed to set a November deadline for Iran to meet demands meant to banish concerns over its possible pursuit of nuclear weapons. In a confidential draft resolution prepared by France, Germany and Britain and made available to The Associated Press, the three European powers warned of possible "further steps" by November, the next time the Vienna-based International Atomic Energy Agency convenes a meeting of its board of governors. Diplomats defined that phrase as shorthand for referral of Iran's case to the U.N. Security Council if Tehran hinders the IAEA's nuclear investigation or refuses to suspend uranium enrichment - which can be used to generate power or make nuclear weapons. ElBaradei suggested he did not consider November a deadline. "It's an open process and we will finish when I believe we are finished," he told reporters. Still the European warning did not go far enough for the United States. A U.S. official, speaking on condition of anonymity as the meeting opened, told the AP Washington was looking to more tightly define what would set off the "trigger" that would lead to Security Council referral. He did not elaborate, but a diplomat familiar with the draft said the Americans were not happy with the word "probably" in the text, which said the board will "probably" make a "definite determination on whether or not further steps are required." Speaking in the Iranian capital Sunday, Foreign Ministry spokesman Hamid Reza Asefi said his country would not abandon uranium enrichment. He repeated that Iran was willing to provide guarantees that it was not seeking nuclear arms, assurances that the United States and key allies have dismissed in the past as inadequate. Mousavian, the chief Iranian delegate in Vienna, said any suspension "would not last forever." Asked about Iran on Sunday, Undersecretary of State John Bolton, Washington's point-man on nuclear nonproliferation, said Security Council sanctions were "not inevitable," but suggested they were likely. He said President Bush is "determined to try to find a peaceful and diplomatic solution," but hinted that all options remain open. "We're determined that they're not going to achieve a nuclear-weapons capability," said Bolton, describing the United States and Europe as close to agreement on what steps to take at the upcoming IAEA meeting. --- On the Net: www.iaea.org -- ***************************************************************** 5 BBC: IAEA mulls Iran atomic resolution Last Updated: Monday, 13 September, 2004 [A general view of Iran's first nuclear reactor, being built in Bushehr] Critics ask why fuel-rich Iran wants nuclear energy too The UN's nuclear watchdog is to decide on a draft resolution offering Iran a deadline to show it does not have a nuclear weapons programme. Germany, France and the UK want to give Iran until November to prove it is not lying about its nuclear intentions. Iran insists its nuclear programme is solely for peaceful purposes. But UK Foreign Secretary Jack Straw has warned Tehran its recent actions have "undermined confidence" in assurances it was not building atomic weapons. "They cannot turn the issue of confidence on and off like a tap," he said at a meeting of EU foreign ministers in Brussels. Nuclear fatwa Germany, France and UK have expressed alarm that Tehran has stepped back from a promise it gave last year to stop its uranium enrichment efforts. They want the IAEA to give Iran until November to dispel suspicions about its nuclear intentions - but IAEA chief, Mohamed ElBaradei, has said there was no time limit for completing the investigation. On his way into the meeting in Vienna, he said it was an "open process". Iran says abandoning uranium enrichment is "out of the question" but it is prepared to give assurances that it will not build nuclear weapons. Iran's Supreme Leader, Ayatollah Ali Khamenei, has meanwhile issued an edict saying Islam forbids the use of nuclear bombs, according to Iranian Foreign Ministry spokesman, Hamid Reza-Asafi. However, as the text of the edict, or fatwa, has not been published, it is not clear if the Ayatollah has expressly forbidden the building of nuclear weapons, says the BBC's regional analyst, Sadeq Saba. Open ended The draft resolution submitted to the International Atomic Energy Agency (IAEA) gives Iran until November to dispel doubts over its programme, at which stage Mr ElBaradei would decide what further action is needed, if any. The European trio which prepared the draft has already been involved in delicate negotiations to persuade Iran to abandon its nuclear ambitions. The United States has led concerns that the Islamic Republic is developing a nuclear industry which could be used to build weapons. On a visit to Israel on Sunday, US Under Secretary of State John Bolton said the US was "determined that they [Iran] are not going to achieve a nuclear weapons capability". He said the US sought a peaceful solution, but hinted that all options remained open. Washington wants the issue to go to the UN Security Council which has the power to impose sanctions. ***************************************************************** 6 Las Vegas SUN: Report: N.Korea Says Explosion Was Planned By CHRISTOPHER TORCHIA ASSOCIATED PRESS SEOUL, South Korea (AP) - 0912nkorea-explo North Korea said Monday that a huge cloud caused by an explosion near its border with China several days ago was the planned demolition of a mountain for a hydroelectric project, British media reported. North Korean Foreign Minister Paek Nam Sun said the blast was intentional, responding to a request for information from British Foreign Office minister Bill Rammell, who is visiting the North, the British Broadcasting Corp. quoted Rammell as saying. North Korea told Britain's ambassador in Pyongyang, David Slinn, that he can visit the blast site as soon as Tuesday to verify its claims that the explosion was part of a construction project, the Press Association of Britain reported. Rammell had asked that ambassadors be allowed to visit the site. A mammoth explosion Thursday in the isolated, communist North reportedly produced a mushroom cloud more than two miles across. South Korean and U.S. officials had said Sunday they were trying to ascertain the cause of the huge cloud. The size of the reported explosion on the 56th anniversary of the foundation of North Korea had raised speculation that it might be a nuclear test. U.S. Secretary of State Colin Powell said there was no indication it was. In an interview with the BBC, Rammell said Paek told him "that it wasn't an accident, that it wasn't a nuclear explosion, that it was a deliberate detonation of a mountain as part of a hydroelectric project." Rammell said he welcomed the explanation because North Korea is so secretive. "If this is genuinely a deliberate detonation as part of a legitimate construction project then the North Koreans have nothing to fear and nothing to hide and should welcome the international community actually verifying the situation for themselves," Rammell said. The Chinese news agency Xinhua quoted an unidentified North Korean official also as saying the blast was part of a power plant project. "We will closely look into whether that area is an area for constructing a hydroelectric power plant," South Korean Unification Minister Chung Dong-young said at the National Assembly in Seoul, according to the news agency Yonhap. Chung said the large cloud near the North Korean-Chinese border was confirmed by satellite pictures, but that overcast skies made it difficult to tell what caused it. China's government, which has the closest relations with North Korea, had no immediate comment about the reported explosion. Yonhap said the blast was stronger than an April explosion that killed 160 people and injured an estimated 1,300 at a North Korean railway station when a train carrying oil and chemicals apparently hit power lines. North Korea invited international aid workers to visit the site, an unusual move for the reclusive regime. On "Fox News Sunday," Powell expressed skepticism North Korea would stage a nuclear test explosion. But another senior U.S. administration official, speaking on condition of anonymity, said the United States has received indications North Korea might be trying to test an atomic weapon. The United States, Russia, Japan, China and the two Koreas have held talks on North Korea's suspected nuclear weapons development, and agreed to hold another round of negotiations in Beijing this month. No date has been set. The United States has pushed for North Korea to fully disclose all of its nuclear activities and allow outside monitoring before it receives any assistance. North Korea wants energy aid, lifting of economic sanctions and to be removed from Washington's list of state sponsors of terrorism. On Saturday, North Korea said recent revelations that South Korea conducted secret nuclear experiments involving uranium and plutonium made the communist state more determined to pursue its own nuclear programs. South Korea said the experiments, conducted in 1982 and 2000, did not reflect an interest in developing weapons. -- ***************************************************************** 7 BBC: IAEA concern at S Korea research Last Updated: Monday, 13 September, 2004 [South Korean workers dismantle experimental reactor at a former research centre in Seoul ] Seoul's nuclear revelations shocked the region The UN's nuclear watchdog says that South Korea's failure to report secret nuclear research is "a matter of serious concern". International Atomic Energy Agency chief Mohamed ElBaradei said he would continue to investigate Seoul over its uranium and plutonium experiments. South Korea admitted last week that some of its scientists had conducted clandestine nuclear experiments. The US had already chastised Seoul for its failure to report the infringement. Mr ElBaradei told a meeting of IAEA governors that he would report on the investigation by the board's next meeting, in November. "I would ask the Republic of Korea to continue to provide active cooperation and maximum transparency in order for the agency to gain full understanding and scope" of the research, Mr ElBaradei said. Secret experiments South Korea - a strong ally of the US in its continuing quest to get North Korea to give up its nuclear ambitions - stunned the region on 2 September when it revealed that, like its neighbour, it too had fallen foul of international nuclear accords. A small number of South Korean scientists had conducted secret tests to produce 0.2g of enriched uranium in 2000, the government admitted. It said the experiments were not authorised by the authorities, and were conducted for South Korea's civilian nuclear power industry. Last week Seoul also admitted extracting a small amount of plutonium - a key ingredient in nuclear bombs - in secret research conducted in the early 1980s. An official from South Korea's science and technology ministry, Kim Young-shik, said scientists had conducted the experiment out of academic curiosity, and that South Korean officials had already held talks with the IAEA about the issue. South Korea's ambassador to the IAEA, Cho Changbeon, insisted on Monday that there would be no further revelations of illicit nuclear tests. "I think I can safely say that, according to the investigations the South Korean government has conducted, there are no other such similar experiments on enrichment or processing," Cho Changbeon told the French news agency AFP. ***************************************************************** 8 Guardian Unlimited: North Korea denies nuclear blast Agencies Monday September 13, 2004 North Korea today invited a British diplomat to visit the site of a massive mushroom-cloud explosion that sparked fears the regime may have carried out a nuclear weapons test. The North Koreans denied the blast was a nuclear test, insisting that it was part of the planned destruction of a mountain for a hydroelectric project. But Foreign Office minister Bill Rammell, on a visit to the secretive communist country, asked the authorities in the capital, Pyongyang, if British officials could see for themselves. Responding to the request, North Korea's vice-foreign minister for Europe, Kung Sok-ung, said Britain's ambassador to Pyongyang, David Slinn, could go to the site as early as tomorrow. Mr Rammell said: "Having asked the vice-foreign minister this morning for our ambassador and other ambassadors to be allowed to visit the scene of the explosion, I am very pleased the North Koreans have agreed to the request." The blast near the Chinese border on Thursday caused a two-mile wide cloud of dust, which was picked up by satellite. A South Korean news agency said the blast was stronger than an April explosion that killed 160 people and injured an estimated 1,300 at a North Korean railway station when a train carrying oil and chemicals apparently hit power lines. In talks with Mr Rammell today, North Korea's foreign minister Paek Nam-sun said the blast was a controlled explosion that had nothing to do with nuclear weapons testing. He told Mr Rammell claims that it was a nuclear test or an accident similar to the train disaster were "lies". Earlier today, Mr Rammell told the BBC: "If this is genuinely a deliberate detonation as part of a legitimate construction project then the North Koreans have nothing to fear and nothing to hide and should welcome the international community actually verifying the situation for themselves." China's government, which has the closest diplomatic relations with communist North Korea, made no immediate comment about the explosion. The remote border region of Ryanggang, where the latest blast happened, is understood to contain a secret missile base - prompting speculation in South Korea that it was a weapons-related accident. Kim Tae-woo, an analyst at the Korea Institute for Defence Analysis, told Reuters: "Rodong missile bases are located in the blast area, and extremely explosive liquid fuel which is also very flammable is used in production and in operation of missiles. I believe it was a mere accident triggered by mishandling." South Korean officials are analysing satellite images and other data to determine the cause of the explosion. US officials, including the secretary of state, Colin Powell, have played down the possibility of a nuclear test. But the Democratic presidential candidate, Senator John Kerry, accused the Bush administration of letting a "nuclear nightmare" develop in North Korea, telling the New York Times that President George Bush was preoccupied with Iraq. Interactive The history of North Korea Weblog special North Korea In pictures The Korean war Timelines 12.02.2003: North Korea's nuclear programme North Korea - 1991 to the present Graphic Map of North and South Korea [http://www.guardianunlimited.co.uk/graphic/0,5812,331538,00.html ] World news guide 20.12.2001: North Korea South Korea Useful links Korea Herald (South) [http://www.koreaherald.co.kr/] North Korean Central News Agency [http://www.kcna.co.jp] World Food Programme [http://www.wfp.org/index2.html] History of the Korean war - tcsaz.com [http://www.tcsaz.com/koreanwar.html] CIA factbook: North Korea [http://www.odci.gov/cia/publications/factbook/kn.html] CIA factbook: South Korea [http://www.odci.gov/cia/publications/factbook/ks.html] [UP] Guardian Unlimited © Guardian Newspapers Limited 2004 ***************************************************************** 9 JoongAng Daily: 6-nation talks appear unlikely, officials say A series of reports in the last week unveiling South Korea's past nuclear activities has dimmed the outlook for another round of six-party talks on North Korea's nuclear weapons program, U.S. and North Korean officials say. Through its state-run news media Saturday, North Korea issued its first official reaction to revelations Seoul conducted a uranium enrichment experiment in 2000. "There is strong suspicion that the disclosed experiments might be conducted at the instruction of the United States as they assume military nature," Pyeongyang's Foreign Ministry spokesman said in an interview with the North Korea's Central News Agency. South Korea has said its experiment, unauthorized at the time, was purely academic. "We cannot but link these cases to the issue of resuming the six-party talks," the ministry spokesman said, referring to the Seoul, Beijing, Tokyo, Washington and Moscow's efforts to conclude long-running negotiations to end Pyeongyang's nuclear arms development. The fourth round of the six-nation talks had been tentatively set for this month. Reacting to the North's statement, South Korea made clear that it would still push for the talks. Despite Seoul's position, U.S. and North Korean officials had expressed increasing skepticism whether the negotiations would take place. In a weekend meeting in Japan with Seoul and Tokyo officials, James Kelly, chief U.S. negotiator for the talks, said holding the meeting during September would be difficult. Still, Chung Dong-young, South Korea's head of the National Security Council and Unification Ministry, urged Pyeongyang yesterday not to link the resumption of the stalled talks to South Korea's past nuclear activities. "If the North has anything to say, it should come to to the six-nation talks," Mr. Chung said. In a phone interview, North Korean diplomat in Austria also presented a gloomy forecast. Ri Song-chol, a North Korean representative in Vienna, said another round of negotiations is unlikely to take place before the end of this year. by Ser Myo-ja, Ryu Kwon-ha myoja@joongang.co.kr> 2004.09.12 ***************************************************************** 10 Charleston.Net: Protest against plutonium takes to the air 09/13/04 Group flies kites on Sullivan's to call attention to upcoming shipment through Charleston BY ADAM FERRELL Of The Post and Courier Staff About 200 yards of thin cord strung through a series of bright yellow kites arched some 50 feet in the air Sunday morning above the beach at Sullivan's Island. Beneath gray clouds, a black letter on each kite spelled out S-T-O-P P-L-U-T-O-N-I-U-M. On one end of the cord, a man and two women staggered about on wet sand in a tug-of-war with the wind. Gripping the cord tight with their eyes on the sky, they explained why they were there. They said they want people to think about why it's a bad idea to ship loads of powdered plutonium, Cold War leftovers, through Charleston Harbor to be processed into fuel for nuclear power plants in the United States. The protesters said the containers are susceptible to sabotage or accidents that could disburse harmful contaminants into the environment. Among other things, they also argue that because the fuel is unproven in our nuclear reactors, its use is dangerous. "It's like playing Russian roulette with all five chambers filled," said Marcella Guerriero of Charleston. Two armed ocean freighters from Great Britain are scheduled to arrive at Charleston Naval Weapons Station later this week. The protesters, who call themselves Citizens Against Plutonium, are planning a protest flotilla at 5 p.m. Wednesday in Charleston Harbor. The freighters will pick up the plutonium here and head to France where the load is to be converted into reactor fuel. Then the fuel will be shipped back through Charleston and trucked to Duke Energy's Catawba reactor in York County for testing. If the fuel works, the Department of Energy plans to dispose of 34 metric tons of surplus plutonium at a plant to be built at the Savannah River Site near Aiken. Adam Ferrell covers downtown. Contact him at 937-5521 or at aferrell@postandcourier.com. border=] [http://www.charleston.net/home_finder/] Copyright © 2004, The Post and Courier, All Rights Reserved. [webmaster@postandcourier.com] ***************************************************************** 11 DOT: Compatibility regulations with IAEA - Final Rule FR Doc 04-20549 [Federal Register: September 13, 2004 (Volume 69, Number 176)] [Rules and Regulations] [Page 55113-55119] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13se04-10] DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 171, 172, and 173 [Docket No. RSPA-99-6283 (HM-230)] RIN 2137-AD40 Hazardous Materials Regulations; Compatibility With the Regulations of the International Atomic Energy Agency; Correction; Final Rule AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Final rule. SUMMARY: RSPA is correcting errors in its final rule in this docket, published in the Federal Register on January 26, 2004, that amended requirements in the Hazardous Materials Regulations (HMR) pertaining to the transportation of radioactive materials based on changes contained in the International Atomic Energy Agency (IAEA) publication, entitled ``IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Material,'' 1996 Edition, No. TS-R-1. DATES: Effective Date: This final rule is effective on October 1, 2004. FOR FURTHER INFORMATION CONTACT: Dr. Fred D. Ferate II, Office of Hazardous Materials Technology, (202) 366-4545, or Charles E. Betts, Office of Hazardous Materials Standards, (202) 366-8553; Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Background On January 26, 2004, the Research and Special Programs Administration (RSPA, we) published a final rule under Docket HM-230 (69 FR 3632) amending requirements in the HMR pertaining to the transportation of radioactive materials based on changes contained in the IAEA publication entitled ``IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Material,'' 1996 Edition, No. TS-R-1. Specifically, the final rule: Adopted the nuclide-specific exemption activity concentrations and the nuclide-specific exemption consignment activities listed in TS-R-1 to assure continued consistency between domestic and international regulations for the basic definition of radioactive material; Provided an exception in the HMR that certain naturally occurring radioactive materials would not be subject to the requirements of the HMR so long as their specific activities do not exceed 10 times the activity concentration exemption values; Incorporated the TS-R-1 changes in the A1 and A2 values into the HMR; Adopted the new proper shipping names and UN identification numbers, except for those referring to Type C packages, for fissile LSA material and for fissile SCOs; Required, if customary units are used, that the appropriate quantity and customary units be placed within parentheses positioned after the original quantity expressed in the International System of Units (SI units); Adopted the use of the Criticality Safety Index (CSI) to refer to what was formerly the criticality control transport index, and to restrict the use of the concept of transport index (TI) to a number derived purely from the maximum radiation level at one meter from the package; Required that the new fissile label be placed on each fissile material package, and that the CSI for that package be noted on the fissile label; Adopted the requirement that excepted packages must be marked with the UN identification number, that industrial packagings be marked with the package type, and that Type IP-2 and IP-3 industrial packages and Type A packages be marked with the international vehicle registration code of the country of origin of packaging design; Removed former requirements which became redundant upon adoption of the new proper shipping names, such as the requirement that the shipping description contain the words ``Radioactive Material'' unless those words are included in the proper shipping name; Removed plutonium-238 from the definition of fissile material. Removed the reference to Pu-238 in the list of fissile radionuclides for which the weight in grams or kilograms may be listed instead of or in addition to the activity, in the shipping paper or radioactive label description of the radioactive contents of a package; Adopted a definition of contamination, and included an authority to transport unpackaged LSA material and SCO, and an authority to use qualified tank containers, freight containers and metal intermediate bulk containers as industrial packagings, types 2 and 3 (IP-2 and IP-3); Adopted a new class of LSA-I material, consisting of radioactive material in which the activity is distributed throughout and the estimated average specific activity does not exceed 30 times the activity concentration exemption level, and removed the present category referring to mill tailings, contaminated earth, concrete, rubble, other debris, and activated material that is essentially uniformly distributed, with specific activity not exceeding 10-\6\ A2/g. Incorporated the TS-R-1 changes for packagings containing more than 0.1 kg of uranium hexafluoride (UF6); Required UF6 packagings to meet the pressure, drop and thermal test requirements, prohibited the use of pressure relief devices, and require that packagings be certified in accordance with TS-R-1 requirements; Removed the definition of ``fissile material controlled shipment;'' revised Sec. 173.453 to reflect the NRC ``fissile material exemption provisions,'' and revised Sec. Sec. 173.457 and 173.459 to remove the references to ``fissile material, controlled shipment'' and to base requirements for non-exclusive use and exclusive use shipments of fissile material packages on TS-R-1 package and conveyance CSI limits; Accepted the IAEA transitional requirements and begin the phase-out of packages satisfying the 1967 IAEA requirements, including DOT specification packages; Prohibited the manufacture of all Type B specification packages conforming to Safety Series No. 6 (1967) as of the effective date of this rule; the use of these packages would be allowed for four years after the effective date of this rule; and Added a requirement that the active material in an instrument or article intended to be transported in an excepted package be completely enclosed by the non-active components. This document corrects editorial and technical errors which have come to our attention following publication of the rule. II. Section-by-Section Review Part 171 Section 171.7 In paragraph (a)(3), in the ``Table of material incorporated by reference,'' we are correcting the table heading to read ``49 CFR reference.'' [[Page 55114]] Section 171.11 In the January 26, 2004 final rule, the shipping paper requirements for highway route controlled quantities of radioactive material were moved from Sec. 172.203(d)(4) to Sec. 172.203(d)(10); however, the reference in Sec. 171.11(d)(6)(i) was not changed. Therefore, we are correcting Sec. 171.11(d)(6)(i) by replacing the reference to Sec. 172.203(d)(4)'' with ``Sec. 172.203(d)(10).'' Additionally, we are correcting Sec. 171.11(d)(6)(iv) to remove the reference to Sec. 173.428, because this was not intended nor proposed in the notice of proposed rulemaking (NPRM). Part 172 Section 172.101 Hazardous Materials Table (HMT). The HMT is corrected as follows: --For the entry ``Radioactive material, excepted package-instruments or articles'' the applicable packaging authorizations are added to column 8C of the HMT. --The entry ``Radioactive material, surface contaminated objects (SCO-I or SCO-II) non fissile or fissile-excepted'' is corrected to italicize the words ``non fissile or fissile-excepted.'' --For the entry ``Radioactive material, transported under special arrangement, fissile'' in column 4 of the HMT, ``UN331'' is corrected to read ``UN3331.'' --The entry ``Radioactive material, Type A package, fissile non- specdial form'' is corrected to read ``Radioactive material, Type A package, fissile non-special form.'' Section 172.203 In paragraphs (d)(1) and (d)(5), a typographical error is corrected. Section 172.403 An incorrect section reference is corrected in paragraph (g)(1) and paragraph (h)(4) is corrected to indicate that the category of Class 7 label for an overpack is to be determined from the table in Sec. 172.403(c) using the transport index (TI) derived according to Sec. 172.403(h)(3). Part 173 Section 173.403 In Sec. 173.403, in the definitions for ``Low Specific Activity (LSA) material'' and ``Radiation level,'' several typographical errors are corrected. Section 173.411 Section 173.411 is corrected to add language authorizing the use of certain tank containers, freight containers, and metal intermediate bulk containers as IP-2 or IP-3 containers. Although proposed in the NPRM, this language was inadvertently omitted in the final rule. Section 173.415 Paragraph (d) is corrected to clarify that any foreign-manufactured Type A package meeting the standards in the ``IAEA Regulations for the Safe Transport of Radioactive Material No. TS-R-1,'' and bearing the marking ``Type A,'' may be used for domestic and export shipments of Class 7 (radioactive) materials provided the offeror obtains and maintains the applicable test, documentation and engineering evaluations. Section 173.417 In paragraph (a)(2), typographical errors are corrected in ``Table 2--Allowable Content of Uranium Hexafluoride (UF6 ``Heels'' in a Specification 7A Cylinder).'' Section 173.420 Paragraph (a)(2)(ii) is corrected by inserting the word ``or'' immediately after the semi-colon. Section 173.427 Section 173.427 is corrected as follows: --In paragraph (a), a duplicative phrase ``, unless excepted by paragraph (d) of this section,'' is removed. --In paragraph (b)(3), a reference to ``Type B'' is removed. --Paragraph (b)(4) is corrected to specify that for domestic transportation, an exclusive use shipment of LSA material and SCO may not exceed an A2 quantity when in a packaging which meets the requirements of Sec. Sec. 173.24, 173.24a, and 173.410. This language was omitted in the final rule. --In paragraph (e), Table 6 is reformatted to dispel the appearance that the SCO entries are a subset of LSA-III. Section 173.433 In paragraph (d)(6), the left side of the equation is corrected to read ``Exempt activity concentration limit for mixture.'' Section 173.435 In the ``Table of A1 and A2 values for radionuclides'', several typographical errors are corrected. In addition, in the January 26, 2004 final rule, the Curie values in the A1/A2 table were rounded to two significant figures. As a result, the Curie values, when converted back to Terabequerels, are sometimes higher and sometimes lower than the original values, by as much as 3.6%. Since, some individuals are inputting the Curie values into their computer programs, and this would result in some A1 and A2 values being higher than the authorized amounts a footnote ``b'' is added to the A1/ A2 table to clarify that the Curie values are for information only and the Terabecquerel values are the regulatory standard. The Curie values in the A1/A2 table will be corrected in a future rulemaking. Section 173.443 In paragraph (a), we are correcting an incorrect reference to ``Table 11'' to read ``Table 9''. III. Regulatory Analyses and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures This final rule is not a significant action under section 3(f) of Executive Order 12866 and was not reviewed by the Office of Management and Budget. This final rule is not a significant action under the Regulatory Policies and Procedures of the Department of Transportation. The revisions adopted in this final rule do not alter the cost-benefit analysis and conclusions contained in the Regulatory Evaluation prepared for the January 26, 2004 final rule. The regulatory Evaluation is available for review in the public docket for this rulemaking. B. Executive Order 13132 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (``Federalism''). This final rule preempts State, local and Indian tribe requirements, but does not propose any regulation that has direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. The Federal hazardous material transportation law, 49 U.S.C. 5101- 5127, contains an express preemption provision (49 U.S.C. 5125(b)) that preempts State, local, and Indian tribe requirements on certain covered subjects. Covered subjects are: (1) The designation, description, and classification of hazardous material; (2) The packing, repacking, handling, labeling, marking, and placarding of hazardous material; (3) The preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents; [[Page 55115]] (4) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material; or (5) The design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material. This final rule addresses the classification, packaging, marking, labeling, and handling of hazardous material, among other covered subjects and preempts any State, local, or Indian tribe requirements not meeting the ``substantively the same'' standard. This rule is necessary to incorporate changes already adopted in international standards. If the amendments adopted in this final rule were not made, U.S. companies, including numerous small entities competing in foreign markets, will be at an economic disadvantage. These companies would be forced to comply with a dual system of regulation. The amendments are intended to avoid this result. Federal hazardous materials transportation law provides at 49 U.S.C. 5125(b)(2) that, if the Secretary of Transportation issues a regulation concerning any of the covered subjects, the Secretary must determine and publish in the Federal Register the effective date of Federal preemption. The effective date may not be earlier than the 90th day following the date of issuance of the final rule and not later than two years after the date of issuance. The effective date of our January 26, 2004 final rule, including the effective date of Federal preemption is October 1, 2004. Because this final rule makes editorial corrections, the effective date of Federal preemption of this final rule is also October 1, 2004. C. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (``Consultation and Coordination with Indian Tribal Governments''). Because this final rule does not have tribal implications, does not impose substantial direct compliance costs on Indian tribal governments, and does not preempt tribal law, the funding and consultation requirements of Executive Order 13175 do not apply and a tribal summary impact statement is not required. D. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Polices The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities unless the agency determines a rule is not expected to have a significant economic impact on a substantial number of small entities. The corrections contained in this final rule will have little or no effect on the regulated industry. Based on the assessment in the regulatory evaluation, to the January 26, 2004 final rule, I hereby certify that, while this rule applies to a substantial number of small entities, there will not be a significant economic impact on those small entities. A detailed Regulatory Flexibility analysis is available for review in the docket. This final rule has been developed in accordance with Executive Order 13272 (``Proper Consideration of Small Entities in Agency Rulemaking'') and DOT's procedures and policies to promote compliance with the Regulatory Flexibility Act to ensure that potential impacts of draft rules on small entities are properly considered. E. Paperwork Reduction Act This final rule imposes no new information collection requirements. F. Regulation Identifier Number (RIN) A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. G. Unfunded Mandates Reform Act This final rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $120.7 million or more to either State, local, or tribal governments, in the aggregate, or to the private sector, and is the least burdensome alternative that achieves the objectives of the rule. H. Environmental Assessment The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321-4347), requires Federal agencies to consider the consequences of major Federal actions and prepare a detailed statement on actions significantly affecting the quality of the human environment. The Nuclear Regulatory Commission (NRC) prepared an environmental assessment (EA) of Major Revision to Packaging and Transportation of Radioactive Material Regulations'', Final Report, March 2002, on its proposed rule which addresses issues also raised in this rulemaking. On the basis of this EA, we find that there are no significant environmental impacts associated with this final rule. A copy of the environmental assessment prepared by the NRC is available for review in the docket. I. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://dms.dot.gov] . List of Subjects 49 CFR Part 171 Exports, Hazardous materials transportation, Hazardous waste, Imports, Incorporation by reference, Reporting and recordkeeping requirements. 49 CFR Part 172 Education, Hazardous materials transportation, Hazardous waste, Labeling, Markings, Packagings and containers, Reporting and recordkeeping requirements. 49 CFR Part 173 Hazardous materials transportation, packaging and containers, Radioactive materials, Reporting and recordkeeping requirements, Uranium. 0 In consideration of the foregoing, we are making the following corrections to FR Doc. 04-67, appearing on page 3632 in the Federal Register of Monday, January 26, 2004: PART 171--[CORRECTED] 0 1. On page 3665, in Sec. 171.7, in paragraph (a)(2), in the Table of material incorporated by reference, correct the table heading entry ``9 CFR reference'' to read ``49 CFR reference''. 0 2. On page 3665, in Sec. 171.11, correct paragraph (d)(6) to read as follows: Sec. 171.11 Use of ICAO Technical Instructions. * * * * * (d) * * * (6) For radioactive materials: (i) Shipping papers for highway route controlled quantity radioactive [[Page 55116]] materials shipments must meet the requirements of Sec. 173.203(d)(10) of this subchapter. (ii) Competent authority certification and any necessary revalidation for Type B, Type B(U), Type B(M), and fissile materials packages must be obtained from the appropriate authorities as specified in Sec. Sec. 173.471, 173.472 and 173.473 of this subchapter, and all requirements of the certificates and revalidations must be met. (iii) Except for limited quantities of Class 7 (radioactive) material, the provisions of Sec. Sec. 172.204(c)(4), 173.448(e), (f) and (g)(3) of this subchapter apply. (iv) Excepted packages of radioactive material, instruments or articles, or articles containing natural uranium or thorium, must meet the provisions of Sec. 173.421, 173.424, or 173.426 of this subchapter, as appropriate. (v) Type A package contents shall be limited in accordance with Sec. 173.431 of this subchapter. (vi) The definition for ``radioactive material'' in Sec. 173.403 of this subchapter applies to radioactive materials transported under the provisions of this section. * * * * * PART 172--[CORRECTED] 0 3. On page 3666, in the Hazardous Materials Table, correct the following entries to read as follows: Sec. 172.101 Purpose and use of hazardous materials table. * * * * * 0 a. For the entry Radioactive material, excepted package--instruments or articles'', the entries ``422, 424'' are added in column 8C. 0 b. The entry ``Radioactive material, surface contaminated objects (SCO- I or SCO-II) non fissile or fissile-excepted'' in column 2 is removed, and the entry ``Radioactive material, surface contaminated objects (SCO-I or SCO-II) non fissile or fissile-excepted'' is added in its place. 0 c. For the entry ``Radioactive material, transported under special arrangement, fissile'' in column 4, the entry ``UN331'' is corrected to read ``UN3331''. 0 d. The entry ``Radioactive material, Type A package, fissile non- specdial form'' in column 2 is removed, and the entry ``Radioactive material, Type A package, fissile non-special form'' is added in its place. 0 4. On page 3668, in the first column, correct paragraphs (d)(1) and (d)(5) of Sec. 172.203 to read as follows: Sec. 172.203 Additional description requirements. * * * * * (d) * * * (1) The name of each radionuclide in the Class 7 (radioactive) material that is listed in Sec. 173.435 of this subchapter. For mixtures of radionuclides, the radionulides that must be shown must be determined in accordance with Sec. 173.433(g) of this subchapter. Abbreviations, e.g., ``\99\Mo,'' are authorized. * * * * * (5) The transport index assigned to each package in the shipment bearing RADIOACTIVE YELLOW-II or RADIOACTIVE YELLOW-III labels. * * * * * 0 5. On page 3669, in the second and third columns, correct paragraphs (g)(1) and (h)(4) of Sec. 172.403 to read as follows: Sec. 172.403 Class 7 (radioactive) materials. * * * * * (g) * * * (1) Contents. Except for LSA-1 material, the names of the radionuclides as taken from the listing of radionuclides in Sec. 173.435 of this subchapter (symbols which conform to established radiation protection terminology are authorized, i.e., \99\Mo, \60\Co, etc.). For mixtures of radionuclides, with consideration of space available on the label, the radionuclides that must be shown must be determined in accordance with Sec. 173.433(g) of this subchapter. For LSA-I material, the term ``LSA-I'' may be used in place of the names of the radionuclides. * * * * * (h) * * * (4) The category of Class 7 label for the overpack must be determined from the table in Sec. 172.403(c) using the TI derived according to paragraph (h)(3) of this section, and the maximum radiation level on the surface of the overpack. * * * * * PART 173--[CORRECTED] 0 6. On pages 3671 and 3672, in Sec. 173.403, correct the definitions for ``Low Specific Activity (LSA) material'' and ``Radiation level'' to read as follows: Sec. 173.403 Definitions. * * * * * Low Specific Activity (LSA) material means Class 7 (radioactive) material with limited specific activity which satisfies the descriptions and limits set forth below. Shielding materials may not be considered in determining the estimated average specific activity of the package contents. LSA material must be in one of three groups: (1) LSA-I: (i) Uranium and thorium ores, concentrates of uranium and thorium ores, and other ores containing naturally occurring radionuclides which are intended to be processed for the use of these radionuclides; or (ii) Solid unirradiated natural uranium or depleted uranium or natural thorium or their solid or liquid compounds or mixtures; or (iii) Radioactive material other than fissile material, for which A2 value is unlimited; or (iv) Other radioactive material, excluding fissile material in quantities not excepted under Sec. 173.453, in which the activity is distributed throughout and the estimated average specific activity does not exceed 30 times the values for activity concentration specified in Sec. 173.436, or 30 times the default values listed in Table 8 of Sec. 173.433. (2) LSA-II: (i) Water with tritium concentration up to 0.8 TBq/L (20.0 Ci/L); or (ii) Other radioactive material in which the activity is distributed throughout and the average specific activity does not exceed 10-4 A2/g for solids and gases, and 10-5 A2/g for liquids. (3) LSA-III. Solids (e.g., consolidated wastes, activated materials), excluding powders, that meet the requirements of Sec. 173.468 and in which: (i) The radioactive material is distributed in a solid compact binding agent (such as concrete, bitumen, ceramic, etc.): (ii) The radioactive material is a relatively insoluble material, so that, even under loss of packaging, the loss of Class 7 (radioactive) material per package by leaching when placed in water for seven days would not exceed 0.1 A2; and (iii) The estimated average specific activity of the solid, excluding any shielding material, does not exceed 2 x 10-3 A2/g. * * * * * Radiation level means the radiation dose-equivalent rate expressed in millisieverts per hour or mSv/h (millirems per hour or mrem/h). Neutron flux densities may be converted into radiation levels according to Table 1: [[Page 55117]] Table 1.--Neutron Fluence Rates to be Regarded as Equivalent to a Radiation Level of 0.01 mSv/h (1mrem/h) \1\ ----------------------------------------------------------------- ------- Flux density equivalent to 0.01 mSv/h (1 mrem/h) neutrons Energy of neutron per square centimeter per second (n/cm \2\/ s) ----------------------------------------------------------------- ------- Thermal (2.510E-8) MeV............................... 272.0 1 keV................................................ 272.0 10 keV............................................... 281.0 100 keV.............................................. 47.0 500 keV.............................................. 11.0 1 MeV................................................ 7.5 5 MeV................................................ 6.4 10 MeV............................................... 6.7 ----------------------------------------------------------------- ------- \1\Flux densities equivalent for energies between those listed in this table may be obtained by linear interpolation. * * * * * 0 7. On page 3673, in the second column, in Sec. 173.411, paragraph (b) is corrected to read as follows: Sec. 173.411 Industrial packagings. * * * * * (b) Industrial packaging certification and tests. (1) Each IP-1 must meet the general design requirements prescribed in Sec. 173.410. (2) Each IP-2 must meet the general design requirements prescribed in Sec. 173.410 and when subjected to the tests specified in Sec. 173.465(c) and (d) or evaluated against these tests by any of the methods authorized by Sec. 173.461(a), must prevent: (i) Loss or dispersal of the radioactive contents; and (ii) A loss of shielding integrity which result in more than a 20% increase in the radiation level at any external surface of the package. (3) Each IP-3 packaging must meet the requirements for an IP-1 and an IP-2, and must meet the requirements specified in Sec. 173.412(a) through (j). (4) Tank containers may be used as Industrial package Types 2 or 3 (Type IP-2 or Type IP-3) provided that: (i) They satisfy the requirements for Type IP-1 specified in paragraph (b)(1); (ii) They are designed to conform to the standards prescribed in Chapter 6.7, of the United Nations Recommendations on the Transport of Dangerous Goods, (IBR, see Sec. 171.7 of this subchapter), ``Requirements for the Design, Construction, Inspection and Testing of Portable Tanks and Multiple-Element Gas Containers (MEGCs),'' or other requirements at least equivalent to those standards; (iii) They are capable of withstanding a test pressure of 265 kPa (37.1 psig); and (iv) They are designed so that any additional shielding which is provided shall be capable of withstanding the static and dynamic stresses resulting from handling and routine conditions of transport and of preventing a loss of shielding integrity which would result in more than a 20% increase in the radiation level at any external surface of the tank containers. (5) Tanks, other than tank containers, including DOT Specification IM 101 or IM 102 steel portable tanks (Sec. Sec. 178.270, 178.271, 178.272 of this subchapter), may be used as Industrial package Types 2 or 3 (Type IP-2) or (Type IP-3) for transporting LSA-I and LSA-II liquids and gases as prescribed in Table 6, provided that they conform to standards at least equivalent to those prescribed in paragraph (b)(4). (6) Freight containers may be used as Industrial packages Types 2 or 3 (Type IP-2) or (Type IP-3) provided that: (i) The radioactive contents are restricted to solid materials; (ii) They satisfy the requirements for Type IP-1 specified in paragraph (b)(1); and (iii) They are designed to conform to the standards prescribed in the International Organization for Standardization document ISO 1496-1: ``Series 1 Freight Containers--Specifications and Testing--Part 1: General Cargo Containers; excluding dimensions and ratings (IBR, see Sec. 171.7 of this subchapter). They shall be designed such that if subjected to the tests prescribed in that document and the accelerations occurring during routine conditions of transport they would prevent: (A) Loss or dispersal of the radioactive contents; and (B) Loss of shielding integrity which would result in more than a 20% increase in the radiation level at any external surface of the freight containers. (7) Metal intermediate bulk containers may also be used as Industrial package Type 2 or 3 (Type IP-2 or Type IP-3), provided that: (i) They satisfy the requirements for Type IP-1 specified in paragraph (b)(1); and (ii) They are designed to conform to the standards prescribed in Chapter 6.5 of the United Nations Recommendations on the Transport of Dangerous Goods, (IBR, see Sec. 171.7 of this subchapter), ``Requirements for the Construction and Testing of Intermediate Bulk Containers,'' for Packing Group I or II, and if they were subjected to the tests prescribed in that document, but with the drop test conducted in the most damaging orientation, they would prevent: (A) Loss or dispersal of the radioactive contents; and (B) Loss of shielding integrity which would result in more than a 20% increase in the radiation level at any external surface of the intermediate bulk containers. * * * * * 0 8. On page 3673, in the third column, correct paragraph (d) of Sec. 173.415 to read as follows: Sec. 173.415 Authorized Type A packages. * * * * * (d) Any foreign-made packaging that meets the standards in ``IAEA Regulations for the Safe Transport of Radioactive Material No. TS-R-1'' (IBR, see Sec. 171.7 of this subchapter) and bears the marking ``Type A''. Such packagings may be used for domestic and export shipments of Class 7 (radioactive) materials provided the offeror obtains the applicable documentation of tests and engineering evaluations and maintains the documentation on file in accordance with paragraph (a) of this section. These packagings must conform [[Page 55118]] with requirements of the country of origin (as indicated by the packaging marking) and the IAEA regulations applicable to Type A packagings. 0 9. On page 3674, correct paragraph (a)(2) introductory text of Sec. 173.417 to read as follows: Sec. 173.417 Authorized fissile materials packages. (a) * * * (2) A residual ``heel'' of enriched solid uranium hexafluoride may be transported without a protective overpack in any metal cylinder that meets both the requirements of Sec. 173.415 and Sec. 178.350 of this subchapter for Specification 7A Type A packaging, and the requirements of Sec. 173.420 for packagings containing greater than 0.1 kg of uranium hexafluoride. Any such shipment must be made in accordance with Table 2, as follows: * * * * * Table 2.--Allowable Content of Uranium Hexafluoride (UF6 ``Heel'' in a Specification 7A Cylinder) ----------------------------------------------------------------- ----------------------------------------------- Maximum cylinder Cylinder volume Maximum Maximum ``Heel'' weight per cylinder diameter ---------------------------- Uranium 235- -------------------------------------------- ------------------------- enrichment UF6 Uranium-235 Liters Cubic feet (weight) -------------------------------------------- Centimeters Inches percent kg lb kg lb ----------------------------------------------------------------- ----------------------------------------------- 12.7 5 8.8 0.311 100.0 0.045 0.1 0.031 0.07 20.3 8 39.0 1.359 12.5 0.227 0.5 0.019 0.04 30.5 12 68.0 2.410 5.0 0.454 1.0 0.015 0.03 76.0 30 725.0 25.64 5.0 11.3 25.0 0.383 0.84 122.0 48 3,084.0 \1\ 108.9 4.5 22.7 50.0 0.690 1.52 122.0 48 4,041.0 \2\ 142.7 4.5 22.7 50.0 0.690 1.52 ----------------------------------------------------------------- ----------------------------------------------- \1\ 10 ton. \2\ 14 ton * * * * * 0 10. On page 3675, in the first column, correct paragraph (a)(2)(ii) of Sec. 173.420 to read as follows: Sec. 173.420 Uranium hexafluoride (fissile, fissile excepted and non- fissile). (a) * * * (2) * * * (ii) Specifications for Class DOT-106A multi-unit tank car tanks (see Sec. Sec. 179.300 and 179.301 of this subchapter); or * * * * * 0 11. On pages 3676 and 3677, correct paragraphs (a), (b)(3), (b)(4) and (e) to read as follows: Sec. 173.427 Transport requirements for low specific activity (LSA) Class 7 (radioactive) materials and surface contaminated objects (SCO). (a) In addition to other applicable requirements specified in this subchapter, LSA materials and SCO, unless excepted by paragraph (c) or (d) of this section, must be packaged in accordance with paragraph (b) of this section and must be transported in accordance with the following conditions: * * * * * (b) * * * (3) In any Type B(U) or B(M) packaging authorized pursuant to Sec. 173.416; (4) In a packaging which meets the requirements of Sec. Sec. 173.24, 173.24a, and 173.410, but only for domestic transportation of an exclusive use shipment that does not exceed an A2 quantity. * * * * * (e) Tables 5 and 6 are as follows: Table 5.--Conveyance Activity Limits for LSA Material and SCO ----------------------------------------------------------------- ------- Nature of material Activity limit for conveyances ----------------------------------------------------------------- ------- 1. LSA-I............................... No limit. 2. LSA-II and LSA-III; Non-combustible No limit. solids. 3. LSA-II and LSA-III; Combustible 100 A2 solids and all liquids and gases. 4. SCO................................. 100 A2 ----------------------------------------------------------------- ------- Table 6.--Industrial Package Integrity Requirements for LSA Material and SCO ----------------------------------------------------------------- ------- Industrial packaging type --------------------------------------- Contents Exclusive use Non exclusive use shipment shipment ----------------------------------------------------------------- ------- 1. LSA-I: Solid....................... IP-1.............. IP-1 Liquid...................... IP-1.............. IP-2 2. LSA-II: Solid....................... IP-2.............. IP-2 Liquid and gas.............. IP-2.............. IP-3 3. LSA-III...................... IP-2.............. IP-3 4. SCO-I........................ IP-1.............. IP-1 5. SCO-II....................... IP-2.............. IP-2 ----------------------------------------------------------------- ------- [[Page 55119]] 0 12. On page 3678, correct paragraph (d)(6) of Sec. 173.433 to read as follows: Sec. 173.433 Requirements for determining basic radionuclide values, and for the listing of radionuclides on shipping papers and labels. * * * * * (d) * * * (6) The exempt activity concentration for mixtures of nuclides may be determined as follows: [GRAPHIC] [TIFF OMITTED] TR13SE04.013 Where: f(i) is the fraction of activity concentration of nuclide i in the mixture; and [A](i) is the activity concentration for exempt material containing nuclide i. * * * * * 0 13. In Sec. 173.435, the Table of A1 and A2 values is corrected by adding a footnote ``b'' to the table headings of columns 4 and 6 and correcting pages 3679, 3680 and 3683, in the Table of A1 and A2 values for radionuclides to read as follows: Sec. 173.435 Table of A1 and A2 values for radionuclides. ----------------------------------------------------------------- ----------------------------------------------------------------- ---------------------- Specific activity Symbol of radionuclide Element and atomic number A1 (TBq) A1 (Ci) b A2 (TBq) A2 (Ci) b ------------------------- (Tbq/g) (Ci/g) ----------------------------------------------------------------- ----------------------------------------------------------------- ---------------------- * * * * * * * Bi-205..................................... Bismuth (83)................. 7.0 x 10- 1.9 x 10\1\ 7.0 x 10- 1.9 x 10\1\ 1.5 x 10\3\ 4.2 x 10\4\ \1\ \1\ * * * * * * * Cm-248..................................... ............................. 2.0 x 10- 5.4 x 10- 3.0 x 10- 8.1 x 10- 1.6 x 10- 4.2 x 10- \2\ \1\ \4\ \3\ \4\ \3\ * * * * * * * Eu-150 (long lived)........................ ............................. 7.0 x 10- 1.9 x 10\1\ 7.0 x 10- 1.9 x 10\1\ 6.1 x 10\4\ 1.6 x 10\6\ \1\ \1\ * * * * * * * Te-132 (a)................................. ............................. 5.0 x 10- 1.4 x 10\1\ 4.0 x 10- 1.1 x 10\1\ 1.1 x 10\4\ 3.0 x 10\5\ \1\ \1\ * * * * * * * ----------------------------------------------------------------- ----------------------------------------------------------------- ---------------------- * * * * * * * b The values of A1 and A2 in curies (Ci) are approximate and for information only; the regulatory standard units are Terabecquerels (TBq), (see Sec. 171.10). * * * * * 0 14. On page 3691, in the first column, in Sec. 173.443, paragraph (a) introductory text is corrected to read as follows: Sec. 173.443 Contamination control. (a) The level of non-fixed (removable) radioactive contamination on the external surfaces of each package offered for transport must be kept as low as reasonable achievable. The level of non-fixed radioactive contamination may not exceed the limits set forth in Table 9 and must be determined by either: * * * * * Issued in Washington, DC, on September 1, 2004, under authority Delegated in 49 CFR Part 1. Samuel G. Bonasso, Deputy Administrator, Research and Special Programs Administration. [FR Doc. 04-20549 Filed 9-10-04; 8:45 am] BILLING CODE 4910-60-P ***************************************************************** 12 PolitInfo: New Challenges Appear in Effort to Limit Spread of Nuclear Weapons in Asia - Sep 13, 2004 Hong Kong [http://www.politinfo.com] For decades, there was just one Asian nuclear power: China. But in the past several years, three other Asian countries either have developed nuclear bombs or began trying to, posing new challenges for efforts to stop nuclear proliferation. In Asia, China had long been the only nuclear power. During the height of Cold War animosities with the United States, it began building a nuclear armory of about 450 missiles and bombs. But in 1998, Beijing's neighbors - India and Pakistan - joined the elite club of nuclear-armed nations, when both tested nuclear devices. They now are thought to have between 30 and 80 nuclear bombs or missiles each. The two South Asian nations have been foes since independence from Britain in 1947, and their new weapons raise the specter of a nuclear holocaust on the subcontinent. However, Uday Bhaskar, director of India's Institute for Defense Studies and Analysis, a government-funded agency, says it would be wrong to think the countries went nuclear only to threaten each other. He says nuclear weapons give a nation a new degree of diplomatic and scientific clout, and a broader overall defense policy. "Neither (for) India, or that matter, Pakistan, … the suggestion that nuclear capability is either targeted or aimed at only one person may sound very dramatic, but I think it would be misleading in terms of strategic reality." In the past year, as relations between New Delhi and Islamabad have improved, the fear of a nuclear war between the two has receded. Another fear, however, remains: that their nuclear secrets might be shared with other countries - either as official policy, or through the work of rogue scientists. Indeed, earlier this year, Pakistan dismissed the head of its nuclear program, Abdul Qadeer Khan, for selling technology to other countries, and he now lives essentially under house arrest. That case created a problem for the United States, which is trying to push North Korea to give up its efforts to build nuclear weapons. While the United States condemned Mr. Khan's activities, it did not impose new sanctions on Pakistan. Alexander Lennon is an expert on weapons proliferation at the Center for Strategic and International Studies, an independent research organization in Washington. He says that in the Khan case, the Bush administration had to avoid putting too much pressure on Pakistan President Pervez Musharraf, who has been a close ally in the war on terror. Still, Mr. Lennon says, Washington must be even-handed. That is particularly important, he says, regarding recent revelations that South Korea conducted secret nuclear tests as recently as 2000. "If it doesn't take the South Korean investigation seriously … then there are concerns that are raised about the U.S. approaches to North Korea as well as Iran and the Middle East, about whether the United States is unfairly discriminating against these countries or whether it is actually treating all potential proliferators equally." South Korea says the tests were scientific, and insists it is not building weapons. The United States has criticized Seoul for conducting the tests, but praised it for allowing the International Atomic Energy Agency to investigate. While the United States has been restrained in its response to the South Korean revelations, nearby Japan has been concerned. Japan, the only nation to have suffered an atomic bomb attack, is fiercely anti-nuclear. Choi Jin Wook is a senior researcher at the government-run Korean Institute of National Unification in Seoul. He talks about Tokyo's response to the South Korean nuclear experiments. "They clearly oppose to the South Korean nuclear program, and they probably would try to pressure the United States to take tougher action, even though the United States does not take it very serious." One Japanese politician has said it would be understandable if South Korea built nuclear weapons to fend off North Korea. But experts in Japan and other countries say a nuclear-armed Korean Peninsula would cause concerns. Katsuya Kodama heads Japan's private International Peace Research Association. "In that case, Japan will also have such a project. That will be possible. So this means the entire area may be nuclearized." South Korea's nuclear tests could be the latest obstacle to pressuring North Korea to give up its nuclear ambitions. There have been three big concerns about North Korea's efforts to build nuclear weapons: the first is that the isolated Stalinist state might use them. The second is that Pyongyang could sell the technology to other countries or terrorist groups. And finally, a nuclear North Korea would set off an arms race in North Asia. The United States and other governments trying to limit the spread of nuclear weapons are still coming to grips with the reality of a nuclear Asia. While many experts say there is little likelihood that either Seoul or Tokyo will go nuclear in the next several years, they warn that possibility complicates non-proliferation efforts. This article uses material from VOA. © Copyright 2001-2004, PolitInfo.com. All rights reserved. ***************************************************************** 13 TIME Asia Magazine: Radioactive Slips -- Sep. 20, 2004 South Korea's nuclear research BY [mail@web.timeasia.com] Monday, Sep. 13, 2004 In the 1970s, South Korea ran a program to develop technology to reprocess spent nuclear fuel. By 1976, it was in the final stages of buying a reprocessing plant from France when the U.S. pressured Seoul to end the program. Washington suspected Korea wouldn't merely reprocess the fuel for power generation, but was planning to use the technology to make plutonium for atomic weapons. For Kim Chul, the nuclear expert who headed the project, the reprocessing dream never died. Kim keeps the only known copy of the project blueprints on a shelf in his study. "We should own that technology," says Kim. "We were stopped by international society." Apparently, not completely, as revelations pouring out of Seoul this month have revealed. One centers around an idle TRIGA Mark III research reactor located in a dilapidated building in a residential suburb of Seoul. In the 1970s and '80s, the TRIGA Mark III was used by Korean nuclear scientists to test nuclear fuel and study isotopes. In April or May 1982, scientists took an irradiated test fuel rod from the reactor and placed it in one of the research installation's "hot cells," a room clad with lead to block radioactivity. Using robotic arms and peering through a leaded window, the scientists sliced open the rod and dissolved it. That process separated a small quantity of the plutonium that had been produced when the fuel was burned inside the reactor. South Korea is not allowed to make plutonium or enriched uranium, the two fuels for nuclear bombs, under its nonproliferation commitments, and the procedure carried out in 1982 would have had few other purposes. "It is something which is pretty exclusively reserved for finding out about plutonium," says a Geneva-based diplomat. It's also a procedure that's hard to cover up—although South Korea appears to have tried. The Ministry of Science and Technology says it reported the experiment to the International Atomic Energy Agency (IAEA) in 1983, but its report had a significant error. South Korea told the IAEA its scientists had dissolved fuel from a fresh rod, not a spent one. Plutonium cannot be extracted from a fresh uranium fuel rod. The IAEA had no reason to be alarmed until 1997, when an inspection of the facility by the IAEA turned up traces of plutonium. Last week, South Korea confessed to the 1982 plutonium experiment just a week after admitting its scientists had enriched a small amount of uranium in 2000 at a different facility in the city of Taejon, 120 km south of Seoul. The government went into strenuous spin mode, especially when accused of covering up the nuclear fiddling, a charge that was "groundless and unsubstantiated," according to the Foreign Ministry. But official explanations for how the nuclear materials got produced became more threadbare through the week. The uranium experiment in 2000 was supposedly carried out by a small group of very junior scientists in Taejon. But last week, a Geneva-based diplomatic source disclosed that senior scientists were also involved. The government maintains that the small amount of uranium produced was extremely weak; diplomats close to the investigation tell TIME South Korea has admitted to the IAEA it was of near weapons-grade potency. With regard to the plutonium production in 1982, the government said the misreporting to the IAEA in 1983 was a "mistake," that the final report on the experiment was lost and the leader of the group had died. Therefore, the government said, it had no record of how much plutonium was produced—or, ominously, where the material ended up. South Korea relies on atomic energy for 40% of its electricity, which translates into a vast industry of power plants, government-run research labs—and a whole lot of hot fuel rods. But it is also a major player in the six-nation talks that are trying to arm-twist North Korea into shuttering its own uranium- and plutonium-based nuclear-weapon programs. After hearing the South's explanations, Pyongyang quickly trumpeted a "double standard." Then came news that the South had noticed an enormous explosion in North Korea last week, though the source was unclear. But one thing is clear: this story isn't over. Earlier this month, an IAEA team left Seoul after taking more samples at the TRIGA Mark III reactor. According to the Geneva-based diplomat, "There is more to come." —With reporting by Kim Yooseung and Kyungsun Lee/Seoul Copyright © 2004 Time Inc. All rights reserved. ***************************************************************** 14 NIRS/Public Citizen take NRC to court over public Date: Mon, 13 Sep 2004 19:32:04 -0700 Public Citizen Nuclear Information and Resource Service News Release For Immediate Release Contact: Michele Boyd, Public Citizen (202) 454-5134 Sept. 13, 2004 Michael Mariotte, NIRS (202) 328-0002 Groups Charge Nuclear Agency with Illegally Eliminating Public Participation 1st U.S. Circuit Court of Appeals Hears Arguments Today in Boston WASHINGTON, D.C. New rules issued by the U.S. Nuclear Regulatory Commission (NRC) violate the public interest and should be overturned, Public Citizen and the Nuclear Information and Resource Service (NIRS) will tell a court today. Judges in the 1st U.S. Circuit Court of Appeals in Boston are scheduled to hear oral arguments today in a case brought by the two Washington-based public interest groups, which charge that the new rules are illegal because they do not require an on-the-record, public hearing during reactor licensing proceedings, as called for by federal law. Early this year, the NRC modified agency regulations, under 10 C.F.R. Part 2, with the stated goal of injecting added certainty and efficiency into the licensing process. But Public Citizen and NIRS say the new Part 2regulations, as they are commonly called, violate the Atomic Energy Act by eliminating the right to an on-the-record hearing in most agency adjudicatory proceedings. Further, the groups charge that the NRC acted arbitrarily and capriciously in crafting the rules because: (1) it did so without adequate basis or explanation; (2) the NRC chose to preserve the right to an on-the-record hearing in certain cases for reasons that apply equally to reactor licensing proceedings where hearings were dropped; and (3) the agency eliminated the right to discovery and cross-examination on the unsupported assumption that such procedures are unimportant. This is another example of the NRC acting to minimize public participation in and scrutiny of agency actions,said Wenonah Hauter, director of Public Citizens Critical Mass Energy and Environment Program. The ultimate effect is a reduction in NRC accountability and public safety. Even though the new Part 2 rules did not become effective until Feb. 13, 2004, their effects already are being felt because they have been applied to several cases filed before that date. The new exclusionary rules are being applied in three separate challenges to applications for early site permits for potential nuclear reactors, filed by the energy companies Dominion, Exelon and Entergy in Virginia, Illinois and Mississippi, respectively. Although the applications were submitted in the fall of 2003, the cases are to be heard under the new Part 2 rules, based on direction from the NRC commissioners. And in a challenge to a proposed uranium enrichment facility in New Mexico, the application for which was filed in early February 2004, the NRC again mandated that the case proceed under the new Part 2 rules to the extent possible (on-the-record hearings for uranium enrichment facility licensing are required by law). The new rules are not just illegal, theyre unreasonably burdensome,said Michael Mariotte, executive director of NIRS. NRCs stated goal of making the licensing process more efficientis a thinly veiled disguise for making it impossible for the public to effectively raise legitimate safety concerns. The new rules also require intervenors to submit legal arguments simultaneously with their petitions if they want to challenge the licensing proceedings, giving them a mere 60 days from the NRCs initial notice of hearing to pore through thousands of pages of a license application, identify issues of contention, hire legal counsel, contract expert witnesses and craft arguments. Under the old rules, petitioners were allowed up to two months to draft and submit their arguments after the initial filing to intervene. Nonprofit public interest groups are not the only victims of the new rules. The state of New Mexico, potentially home to a uranium enrichment plant, has been barred from raising important radioactive waste management issues in legal proceedings concerning the proposed plant, after submitting what the NRC considered to be an incomplete petition under the new, compressed timeline. During a public comment period on a draft version of the rules in 2001, 1,422 people expressed opposition to the new rules while only nine generally supported NRCs efforts. Still, the draft rules were adopted with little substantive change. Other interveners in this case include Citizens Awareness Network and the National Whistleblowers Center. Attorneys general from Massachusetts, New York, California, New Hampshire, Wisconsin and Connecticut filed amicus briefs in support of the lawsuits. ### Public Citizen is a national, nonprofit consumer advocacy organization based in Washington, D.C. For more information, please visit www.citizen.org. NIRS is the information and networking center for citizens and environmental organizations concerned about nuclear power, radioactive waste, radiation, and sustainable energy issues. For more information, please visit www.nirs.org. ***************************************************************** 15 PA nuclear plants out of compliance Date: Mon, 13 Sep 2004 14:21:49 -0700 State plan to handle nuke crisis challenged Preschools, hospitals and nursing homes are unprepared, 2 residents say Sunday, September 12, 2004 BY GARRY LENTON Of The Patriot-News State and federal authorities are investigating allegations that Pennsylvania is unprepared to evacuate preschool children and nursing home and hospital patients during a nuclear accident. The federal government requires that the state have a plan for moving people who cannot care for themselves and live within 10 miles of a nuclear plant. Two Harrisburg area residents allege that the state has been out of compliance with federal safety requirements for nearly two decades. Shop Central PA Gov. Ed Rendell's office and the Federal Emergency Management Agency took on the review of the state's plan after receiving a letter last week from Larry Christian and Eric Epstein, chairman of the watchdog group Three Mile Island Alert, detailing these issues. The Nuclear Regulatory Commission also received the letter. If the accusations are deemed true, it would call into question the validity of the operating licenses for the five nuclear power stations in Pennsylvania. Federal law requires the NRC to determine that the public will be protected in a radiological emergency before it grants a license to open a nuclear plant. The disparity in the region's evacuation plans is evident in how two midstate institutions, both within 10 miles of TMI, would handle a nuclear emergency. At Frey Village in Middletown, buses from other nursing homes would be sent to evacuate the facility's 240 residents. It's all prearranged, said Amy Young, executive director of the Diakon Lutheran Social Ministries facility. But a few miles away, the 461-bed Penn State Milton S. Hershey Medical Center would scatter patients to any of 16 hospitals outside the emergency zone, but the hospital does not have a fleet of buses reserved for an evacuation. Lee Groff, chairman of the hospital's disaster committee, said the medical center would call the Dauphin County Emergency Management Agency for vehicles to move equipment and up to 6,000 patients and staff. "On the day we have a mass evacuation all hell is going to be breaking loose. A phone call from Hershey ... asking for 50 vehicles is going to be a tall order to fill," Harrisburg Mayor Stephen R. Reed said. "They will be loading people in the private vehicles of staff people." Dauphin County has vehicles reserved for evacuations, said Nick DiFrancesco, Dauphin County commissioner who oversees emergency management operations, but he acknowledged that "there is always room for improvement." The violations alleged: Christian, of New Cumberland, discovered last year that the state's emergency management plans did not protect preschool children in day care or nursery schools. In response, a state law was passed in July requiring emergency plans for some child care facilities, but not all. In their recent letter, Christian and Epstein allege that Pennsylvania is in violation of federal law because: * It failed to prepare emergency plans for nursery schools and day care centers. * A law passed in July to provide emergency planning for day care centers exempts nonprofit operations. * Pennsylvania puts responsibility for emergency planning on the operators of the center, rather than state and local government agencies. "There are large segments of our population that are not covered in the event of an emergency," Epstein said. "The reality is these people need to be moved in an emergency, and we need to have plans in place." The alleged failures take on added weight in light of the Sept. 11, 2001, attacks. Terrorist documents captured in Afghanistan included diagrams and surveillance reports of U.S. nuclear plants, including TMI. FEMA officials were scheduled to meet Thursday with staff from Pennsylvania to discuss the allegations, said W. Craig Conklin, director of FEMA's technological services division. And NRC spokeswoman Sue Gagner said the agency had received the letter but could not comment on it. "We will take time to carefully review it," she said. After reviewing the allegations, U.S. Rep. Todd Platts, R-York, on Friday asked the House Energy and Commerce Committee Subcommittee for Investigations and Oversight to conduct hearings or an investigation of the allegations. "I believe that we are in compliance," said David M. Sanko, chairman of the Pennsylvania Emergency Management Agency. Improvement is possible, he said, but the state has provisions for special-needs populations. If the NRC determines that the state is out of compliance with federal regulations, it could order the plants shut down if the problems are not corrected within four months. Such a move is unlikely, however. Pennsylvania's nuclear stations provide 36 percent of the electricity consumed in the state. Ralph DeSantis, a spokesman for Exelon Nuclear, owner of TMI, said the allegations do not question the company's emergency planning. He said, however, that exhaustive emergency planning has been carried out since the 1979 accident, and since the Sept. 11 attacks. Who's responsible?: The Rendell Administration also has questioned the state's ability to evacuate so-called special populations. "We need to look more closely at what already exists in all-hazards planning," said Adrian King, deputy chief of staff for Gov. Rendell. "As we identify holes ... you will see this administration order planning for those facilities as well." The official view of the Pennsylvania Emergency Management Agency, outlined by Sanko, in a July 30 letter to Christian, is that day care and nursing home operators, not the government, are responsible for arranging transportation for an evacuation and other tasks. But that view was contradicted by Michael Jamgochian, a senior nuclear engineer with the NRC and author of the regulations. "[Transportation] falls under the state and local government's responsibility," Jamgochian said. "They would provide the bus." Jamgochian cast doubt on a law passed in July that requires for-profit day care centers and nursery schools to develop emergency plans but exempts nonprofit centers. "There are no such distinctions in our regulations," Jamgochian said. "Our regulations don't care whether you are in a private school or a public school ... everybody has to have protection." GARRY LENTON: 255-8264 or glenton@patriot-news.com » Send This Page | » Print This Page Copyright 2004 The Patriot-News. Used with permission. ***************************************************************** 16 San Luis Obispo Tribune: Preparing for the worst | 09/13/2004 | The security at Diablo Canyon nuclear power plant is constantly being evaluated to protect it from attack. Patrick S. Pemberton The Tribune Inside a glass booth, a trainer speaks into a microphone, reciting the drill: Each shooter will fire five rounds from a prone position at a target 100 yards away. Four shooters, dressed in black uniforms, position themselves on their stomachs, eyes lined up with their gun sights. “Ready!” the trainer announces. When he triggers a buzzer, the shooters begin firing AR-15s — the equivalent of the military’s M-16 rifles. After each shot, spent bullet shells spurt out of their magazines and onto the ground. Directly behind the hillside targets, clouds of dirt rise into the air and evaporate as bullets imbed in the earth. What seems like a military combat exercise is actually a quarterly training drill for security guards at the Diablo Canyon nuclear power plant. Efforts like this, Diablo officials say, will help keep the facility safe from terrorists. “Unfortunately, nuclear opponents try to portray that nothing’s been done to enhance security since 9/11,” said Jeff Lewis, a spokesman for Pacific Gas and Electric Co., which operates the Avila Beach plant. “It’s just not true.” Three years after the tragic attacks on U.S. soil, the energy company has reportedly spent $15 million to enhance physical security at its plant, in addition to beefing up its armed force by 30 percent. “Almost everywhere you look, there are signs of new activity related to security,” Lewis said. In some ways, the plant — surrounded by concrete barriers, fences and armed guards — seems like a fortress. Still, not everyone feels safe from terror. “They’re not taking it seriously,” said Rochelle Becker, an activist for the San Luis Obispo Mothers for Peace. The organization, backed by state and county officials, filed a lawsuit in March claiming the Nuclear Regulatory Agency illegally held hearings on nuclear security at Diablo without public input. “If our community is being forced to be a radioactive waste dump — and it’s not likely to go anywhere — then it ought to be as secure as it possibly can be,” Becker said. “And it’s not.” The issue of security at nuclear plants was highlighted this past summer, when the Sept. 11 commission revealed that Osama bin Laden’s terror network considered using 10 planes to attack the United States in 2001. Possible targets included nuclear power plants. Victor Dricks, a spokesperson for the Nuclear Regulatory Agency — which oversees the nation’s 104 commercial nuclear reactors that generate electricity — said no plants were ever specified. However, plants across the country were prepared for an attack even before Sept. 11, and measures have been strengthened since then, he said from his Arlington, Texas, office. With input from law enforcement, the intelligence community and the military, Dricks said, the NRC has prepared for numerous terrorist scenarios, though he declined to specify what those scenarios are. Around Diablo, guards seem omnipresent. Each one is armed with pepper spray, a .40-caliber pistol and an assault rifle strapped across the chest. Many of the guards are former police officers and military veterans, said security manager Ron Todaro. He said the law prohibits him from revealing how many guards are employed there or what their response times are, but each guard undergoes six to seven weeks of initial training, followed by regular testing. The NRC requires guards to be prepared for multiple defense situations including shooting on the run, shooting while wearing a gas mask, shooting from a tower (a 55-foot-tall practice tower will soon replace a 25-foot-tall scaffolding now in use) and shooting at moving targets. During each drill, the shooting must be 80 percent accurate. The NRC also requires what it calls force-on-force drills. “That’s where we use a group of mock terrorists who attempt to gain entry to the plant and sabotage it,” Dricks said. Though the Diablo security guards are not licensed as officers like police or sheriff’s deputies, they can shoot to stop an assault, Todaro pointed out. To reinforce that fact to the public, the plant will soon add signs to the plant, declaring: “Deadly Force May Be Used to Protect This Facility.” And protection for the facility is crucial. Situated in a cove some seven miles from the main gate are two nuclear reactors and two spent fuel storage pools. Because nuclear energy is created with uranium, nuclear opponents fear a terrorist organization could attack the plant, causing deadly radiation to leak into the community. “The administration doesn’t want to let the public know that we’re sitting by these ticking time bombs because they want to build more of them,” Becker charged. The Diablo plant provides energy to 2 million homes in northern and central California. The state has one other active plant, in San Onofre, along with five plants no longer in operation. Preventing penetration After the Sept. 11, 2001, attacks, locals feared that terrorists could fly planes into the Diablo reactors. But Jearl Strickland, program manager for used fuels storage, said even a large commercial plane, such as a 767, couldn’t penetrate the reactors. The reactors are located inside two massive, dome-shaped containment structures at the edge of the Pacific Ocean. The containment structures are made of 31/2-foot-thick solid concrete, which covers six layers of weaved rebar, with each rebar 21/2 inches thick. The concrete and rebar form a dense protective blanket that officials believe could not be penetrated by bombs or aircraft, unlike New York’s airy glass and steel World Trade Center. Less powerful than the reactors are the plant’s spent fuel storage pools, made of concrete and steel, located in a storage building behind the containment structures. Currently, PG is considering storing waste temporarily in cement-encased, stainless steel casks that would be located behind the reactors. Eventually officials hope to remove its spent fuel to another site, though that possibility is dimming with growing opposition to the proposed Yucca Mountain nuclear waste facility in Nevada. To ensure both the reactors and spent fuel don’t pose a risk, Diablo officials say they have considered all possible scenarios, including terrorists, earthquakes, tsunamis, propane explosions and even unlikely events, like a tornado in California. To that end, tornado barriers were built in one area to protect the plant from flying shrapnel. Overall, the key to keeping the plant safe, Todaro said, is protecting the perimeter. To do so, there are layers of security. Armed guards are posted at the initial entrance, a gate located nearly six miles from the plant. Closer to the plant, guards await at a vehicle inspection station. All autos approaching the station are subject to an examination for explosives and a random check by guards. Meanwhile, concrete and steel barriers block entry until the vehicles are approved. Identification and admission At the main entrance to the plant itself, employees and visitors go through several more checks. At first, they walk through a personal explosives detector, a metal detector and an X-ray machine similar to ones used at airports. From there, they approach a locked turnstile. To get past the turnstile, they must first insert a card containing data about the shape and size of their right hand into a device called a Recognition System. Then they place their hand in the device, which compares the data on the card with the hand. If there’s a match, the turnstiles unlock and the employee enters. In addition to that, cameras are located throughout the plant, providing around-the-clock surveillance, and shielded gun ports have been added around the facility for guards to take shooting positions. Assuming a terrorist organization might infiltrate from the inside, Lewis said, employees are now given more rigorous background checks, which might include information about finances (financially troubled employees might be more likely to be lured by terrorist money) and in some cases, psychological exams. The security measures are ongoing, Lewis said (larger barriers are currently being added closer to the reactors). And thus far, Dricks added, the plant is secure. “They have a very rigorous and effective security program,” he said, “and the NRC is confident that they are able to defend that plant from a terrorist attack.” Becker, who recently toured the plant, is still not satisfied. The underground spent fuel pools, she said, are only located in a metal storage unit, the plant should be guarded by military personnel and the government should issue a no-fly zone around all nuclear plants. “If there’s a no-fly zone at the Pentagon and the White House and Disneyland, there ought to be one at nuclear power plants,” she said. ***************************************************************** 17 AU ABC: Lucas Heights reactor license bid made » ABC Sydney » Local News "Australian Broadcasting Corporation Online"> [http://abc.net.au/] Monday, 13 September 2004 The Australian Nuclear Science and Technology Organisation (ANSTO) has applied for an operating license for the replacement research reactor at Lucas Heights, which is currently under construction. The license needs to be approved by ARPANSA, Australia's radiation safety agency, before the operation can go ahead. But before the license is granted, ANSTO needs to conduct several tests on the new reactor's performance systems. The results of international peer reviews and public submissions will also be taken into account. Testing is not due to begin until mid-next year. [ more news ] Last Updated: 12:28:00 PM (AEST) [http://www.abc.net.au/privacy.htm] ***************************************************************** 18 NRC: NRC Issues Final Safety Evaluation Report and Final Design Approval for Westinghouse AP1000 Advanced Reactor Design News Release - 2004-11 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-0001 E-mail: opa@nrc.gov No. 04-112 September 13, 2004 The U.S. Nuclear Regulatory Commission has issued a final safety evaluation report and final design approval for the Westinghouse AP1000 advanced reactor design. The approval is good for five years. NRC staff spent more than two years carefully reviewing the design for the plant, which is capable of producing approximately 1,000 megawatts of electricity and features enhanced systems to safely shut down the reactor or mitigate the effects of an accident. It is designed for a 60-year operating life. The staff at the NRC has conducted an extensive technical evaluation on this next-generation reactor design and recommended its approval, said James Dyer, director of NRCs Office of Nuclear Reactor Regulation. The final step in the process is to incorporate the design into NRCs regulations, using a rule-making process that includes a public comment period. Such a certification, if granted by the commission on staff recommendation, would allow a utility to reference the design in an application for a nuclear power plant license. NRC has certified three other standard reactor designs: an Advanced Boiling Water Reactor, System 80+ and AP600. NRC has long sought standardization of nuclear power plant designs and the enhanced safety and licensing reform that standardization could make possible. The Final Safety Evaluation Report can be accessed electronically on Sept. 20, 2004, through the NRC Agencywide Documents Access and Management System (ADAMS) by going to: http://www.nrc.gov/reading-rm/adams/web-based.html, and entering accession number ML042540268. For help in using ADAMS, call 800/397-4209 or 301/415-4737. More information about the AP1000 review can be found on the NRCs Web site, http://www.nrc.gov/reactors/new-licensing/license-reviews/design- cert/ap1000.html. Last revised Monday, September 13, 2004 ***************************************************************** 19 NRC: Foster Wheeler Environmental Corporation; Issuance of FR Doc 04-20590 [Federal Register: September 13, 2004 (Volume 69, Number 176)] [Notices] [Page 55198-55199] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13se04-78] Environmental Assessment and Finding of No Significant Impact Regarding a Proposed Exemption The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering issuance of an exemption, pursuant to 10 CFR 72.7, from the provisions of 10 CFR 72.102(f)(1) to Foster Wheeler Environmental Corporation (FWENC or applicant). The requested exemption would allow FWENC to use a probabilistic approach along with considerations of risk to establish the design earthquake (DE) ground motion levels at the Idaho Spent Fuel (ISF) Facility, instead of the deterministic methodology of 10 CFR 100, Appendix A. FWENC submitted the exemption request as part of its November 19, 2001, license application for the ISF Facility, an independent spent fuel storage installation (ISFSI) to be located at the Idaho National Engineering and Environmental Laboratory (INEEL). Environmental Assessment (EA) Identification of Proposed Action: The applicant requested an exemption from the requirement in 10 CFR 72.102(f)(1) which states that, ``The design earthquake (DE) for use in the design of structures must be determined as follows: (1) For sites that have been evaluated under the criteria of Appendix A of 10 CFR Part 100, the DE must be equivalent to the safe shutdown earthquake (SSE) for a nuclear power plant.'' The regulation at 10 CFR 72.102(b) requires that, for sites west of the Rocky Mountains, such as the ISF Facility site, seismicity must be evaluated using the techniques of 10 CFR Part 100, Appendix A. The requested exemption would allow the applicant to calculate the DE for the proposed facility using an alternate method. The proposed action before the Commission is whether to grant this exemption pursuant to 10 CFR 72.7. Need for the Proposed Action: The applicant has requested a license to construct and operate the ISF Facility, as described in its license application, dated November 19, 2001, on behalf of the Department of Energy (DOE). FWENC will be the license holder for the ISF Facility, which would be the second NRC-licensed ISFSI at the INEEL. The proposed facility will be adjacent to the existing ISFSI for the TMI-2 fuel debris, and close to the DOE facilities currently storing the spent fuel to be moved to the ISF Facility. The ISF Facility represents an additional milestone in the 1995 settlement agreement among DOE, the U.S. Navy, and the State of Idaho regarding the disposition of spent nuclear fuel at INEEL. The exemption would allow the applicant to use risk-informed methods including a probabilistic seismic hazards analysis (PSHA) to define the design earthquake for the ISF Facility. This DE is a critical assumption for the design of the facility structures, systems, and components (SSCs) important to safety. These SSCs must be designed to withstand the effects of natural phenomena, including earthquakes, without impairing their capability to perform their safety functions. For sites west of the Rocky Mountains, including the ISF Facility site, 10 CFR 72.102(b) requires that seismicity be evaluated using techniques set forth in Appendix A of 10 CFR Part 100 for nuclear power plants. In applying that appendix, the applicant would be required to define the DE as the most significant earthquake postulated to occur at that site, irrespective of its frequency, or the estimated time the facility would be operational. This would result in unwarranted conservatism in the design and construction of the facility, placing an unnecessary burden on the applicant, increasing overall project costs and delaying implementation of this phase of the settlement agreement between DOE and the State of Idaho. The NRC staff has evaluated the proposed exemption in its preliminary safety evaluation report (SER) for the ISF Facility, dated July 29, 2004. In the SER, the staff concludes that there are sufficient technical and regulatory bases to grant an exemption to 10 CFR 72.102(f) at the time a license is issued for the ISF Facility. These bases are that: (i) The probability and risk-informed analyses performed by the applicant demonstrate that the SSCs important to safety will maintain their capability to protect public health and safety, even considering earthquake ground motions more severe than the proposed DE; (ii) the applicant's exemption request is similar to previous exemption requests found acceptable by the NRC staff for the TMI-2 ISFSI and the Private Fuel Storage Facility; and (iii) the applicant's methods and analyses are consistent with the probabilistic approach and corresponding design earthquake values allowed under the recently added regulations in 10 CFR 72.103, as described in the associated regulatory guidance in NRC Regulatory Guide 3.73. Environmental Impacts of the Proposed Action: The NRC staff previously evaluated the environmental impacts resulting from the construction, operation and decommissioning of the ISF Facility, and determined that such impacts would be acceptably small. The staff's conclusions are documented in the ``Environmental Impact Statement for the Proposed Idaho Spent Fuel Facility at the Idaho National Engineering and Environmental Laboratory in Butte County, Idaho (Final Report), NUREG-1773,'' issued in [[Page 55199]] January 2004. In that environmental impact statement (EIS), and in the preliminary SER, the staff considered the design earthquake for the site based on the applicant's methods, and concluded that earthquake events would not result in unacceptable consequences or significant radiation releases from the proposed ISF Facility. Therefore, the staff finds that the proposed exemption, involving the use of an acceptable analytical method, will not have any significant environmental impact. Alternative to the Proposed Action: As an alternative to the proposed action, the staff considered denial of the proposed exemption (i.e., the ``no-action'' alternative). Denial of the exemption request would require the applicant to perform additional analyses and possibly revise the design of the ISF Facility, but these changes would not affect the conclusions of the EIS. Neither the proposed action nor the alternative to the proposed action will have a significant environmental impact. Therefore, the environmental impacts of the proposed action and the alternative action are similar. Agencies and Persons Consulted: On August 2, 2004, Mr. Doug Walker, Senior Health Physicist with the State of Idaho INEEL Oversight Program, was contacted regarding the environmental assessment for the proposed exemption and had no comments. The NRC staff previously evaluated the environmental impacts of the ISF Facility in the final EIS issued in January 2004 and has determined that additional consultation under Section 7 of the Endangered Species Act is not required for this specific exemption which involves the use of an alternative analytical method and will not affect listed species or critical habitat. The NRC staff has similarly determined that the proposed exemption is not a type of activity having the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. Finding of No Significant Impact The environmental impacts of the proposed action have been reviewed in accordance with the requirements set forth in 10 CFR Part 51. Based upon the foregoing EA, the Commission finds that the proposed action of granting the exemption from 10 CFR 72.102(f), so that FWENC may employ alternative methods for determining the design earthquake for the ISF Facility, will not significantly impact the quality of the human environment. Accordingly, the Commission has determined that a Finding of No Significant Impact is appropriate, and that an environmental impact statement for the proposed exemption is not necessary. For further details with respect to this exemption request, see the FWENC license application for the ISF Facility, and the accompanying Safety Analysis Report, dated November 19, 2001. The request for exemption was docketed under 10 CFR Part 72, Docket No. 72-25. These documents are available for public inspection at the Commission's Public Document Room, One White Flint North Building, 11555 Rockville Pike, Rockville, MD, or from the publicly available records component of NRC's Agencywide Documents Access and Management System (ADAMS). These documents may be accessed through the NRC's Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reading-rm/adams.html] . If there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1- 800-397-4209, 301-415-4737 or by e-mail at pdr@nrc.gov [pdr@nrc.gov] . Dated at Rockville, Maryland, this 2nd day of September, 2004. For the Nuclear Regulatory Commission. James R. Hall, Senior Project Manager, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards. [FR Doc. 04-20590 Filed 9-10-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 20 NRC: Foster Wheeler Environmental Corporation; Issuance of FR Doc 04-20591 [Federal Register: September 13, 2004 (Volume 69, Number 176)] [Notices] [Page 55199-55200] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13se04-79] Environmental Assessment and Finding of No Significant Impact Regarding a Proposed Exemption The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering issuance of an exemption, pursuant to 10 CFR 72.7, from the provisions of 10 CFR 72.30(c) to Foster Wheeler Environmental Corporation (FWENC or applicant). The requested exemption would allow FWENC to rely on the Statement of Intent from the Department of Energy (DOE) to satisfy the requirements for financial assurance for decommissioning of the Idaho Spent Fuel (ISF) Facility. FWENC submitted the exemption request on April 2, 2003, in support of its November 19, 2001, license application for the ISF Facility, an independent spent fuel storage installation (ISFSI) to be located at the Idaho National Engineering and Environmental Laboratory (INEEL). Environmental Assessment (EA) Identification of Proposed Action: The applicant requested an exemption from the requirement in 10 CFR 72.30(c) which states that financial assurance for decommissioning must be provided by one or more of the following methods, including: (1) Prepayment; (2) a surety method, insurance, or other guarantee method; (3) an external sinking fund; or (4) in the case of Federal, State, or local government licensees, a statement of intent containing a cost estimate for decommissioning, and indicating that funds for decommissioning will be obtained when necessary. FWENC, a private entity, will be the licensee for the ISF Facility, and the provisions of 10 CFR 72.30(c)(4) do not explicitly allow such a non-government entity to meet the decommissioning financial assurance requirements through reliance on a statement of intent. The requested exemption would allow the applicant to rely on the statement of intent provided by DOE for decommissioning funding assurance. DOE has contracted with FWENC for the licensing, construction, and operation of the ISF Facility, which will repackage and store spent fuel possessed by DOE, in partial fulfillment of the 1995 settlement agreement among DOE, the U.S. Navy, and the State of Idaho. The proposed action before the Commission is whether to grant this exemption pursuant to 10 CFR 72.7. Need for the Proposed Action: The applicant has requested a license to construct and operate the ISF Facility, as described in its license application, dated November 19, 2001, on behalf of the Department of Energy (DOE). FWENC will be the license holder for the ISF Facility, which would be the second NRC-licensed ISFSI at the INEEL. The proposed facility will be adjacent to the existing ISFSI for the TMI-2 fuel debris, and close to the DOE facilities currently storing the spent fuel to be moved to the ISF Facility. The ISF Facility represents an additional milestone in the 1995 settlement agreement among DOE, the U.S. Navy, and the State of Idaho regarding the disposition of spent nuclear fuel at INEEL. The exemption would allow the applicant to rely on DOE's statement of intent to provide decommissioning funding for the ISF Facility when needed, instead of using one or more of the other methods specified in 10 CFR 72.30(c). These other methods would require the applicant to contribute substantial funds into one of these other [[Page 55200]] financial instruments well in advance of decommissioning. This facility will be designed and operated exclusively for the interim storage of DOE spent fuel, and the licensing, construction, and operational costs will be paid directly or indirectly by DOE. DOE has also committed to obtain sufficient funding for the decommissioning of the facility from the U.S. Congress, when needed, so funding for all phases of the ISF Facility will ultimately be provided by DOE. To preclude FWENC from relying on the method in 10 CFR 72.30(c)(4) to meet the decommissioning financial assurance requirements for this facility would result in an unnecessary financial burden on the applicant, increasing overall project costs. The NRC staff has evaluated the proposed exemption in its preliminary safety evaluation report (SER) for the ISF Facility, dated July 29, 2004. In the SER, the staff concludes that the intent of 10 CFR 72.30(c)(4) is met and that the commitments identified in the requested exemption are consistent with the requirements of the regulation. The staff finds the exemption request acceptable and will impose appropriate license conditions to ensure that the decommissioning funding commitments will be met. Environmental Impacts of the Proposed Action: The NRC staff previously evaluated the environmental impacts resulting from the construction, operation and decommissioning of the ISF Facility, and determined that such impacts would be acceptably small. The staff's conclusions are documented in the ``Environmental Impact Statement for the Proposed Idaho Spent Fuel Facility at the Idaho National Engineering and Environmental Laboratory in Butte County, Idaho (Final Report), NUREG-1773,'' issued in January 2004. In that environmental impact statement (EIS), the staff performed a cost-benefit analysis, and concluded that the benefits of the facility outweigh the associated impacts and costs. This conclusion was based on the assumption that DOE would obtain the necessary decommissioning funding, as described in the exemption request. On this basis, and the fact that the proposed exemption deals with financial matters that will not affect the physical design or operation of the ISF Facility, the staff finds that the proposed exemption will not have any significant environmental impact. Alternative to the Proposed Action: As an alternative to the proposed action, the staff considered denial of the proposed action (i.e., the ``no-action'' alternative). Approval or denial of the exemption request would result in no change in the environmental impacts described in the staff's final EIS. Therefore, the environmental impacts of the proposed action and the alternative action are similar. Agencies and Persons Consulted: On August 2, 2004, Mr. Doug Walker, Senior Health Physicist with the State of Idaho INEEL Oversight Program, was contacted regarding the environmental assessment for the proposed exemption and had no comments. The NRC staff previously evaluated the environmental impacts of the ISF Facility in the final EIS issued in January 2004, and has determined that additional consultation under Section 7 of the Endangered Species Act is not required for this specific exemption which involves financial assurance mechanisms and will not affect listed species or critical habitat. The NRC staff has similarly determined that the proposed exemption is not a type of activity having the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. Finding of No Significant Impact The environmental impacts of the proposed action have been reviewed in accordance with the requirements set forth in 10 CFR Part 51. Based upon the foregoing EA, the Commission finds that the proposed action of granting the exemption from 10 CFR 72.30(c), so that FWENC may rely on DOE's statement of intent for the decommissioning financial assurance for the ISF Facility, will not significantly impact the quality of the human environment. Accordingly, the Commission has determined that a Finding of No Significant Impact is appropriate, and that an environmental impact statement for the proposed exemption is not necessary. For further details with respect to this exemption request, see the FWENC license application for the ISF Facility, and the accompanying Safety Analysis Report, dated November 19, 2001, and the request for exemption, dated April 2, 2003, which were docketed under 10 CFR Part 72, Docket No. 72-25. These documents are available for public inspection at the Commission's Public Document Room, One White Flint North Building, 11555 Rockville Pike, Rockville, MD, or from the publicly available records component of NRC's Agencywide Documents Access and Management System (ADAMS). These documents may be accessed through the NRC's Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html [http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leaving FR.html&log=linklog&to=http://www.nrc.gov/reading-rm/adams.html] . If there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail at pdr@nrc.gov [pdr@nrc.gov] . Dated at Rockville, Maryland, this 2nd day of September, 2004. For the Nuclear Regulatory Commission. James R. Hall, Senior Project Manager, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards. [FR Doc. 04-20591 Filed 9-10-04; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 21 [epa-impact] Example Exposure Scenarios Date: Mon, 13 Sep 2004 12:01:15 -0400 (EDT) http://epa.gov/EPA-IMPACT/2004/September/Day-13/index.html [Federal Register: September 13, 2004 (Volume 69, Number 176)] [Notices] [Page 55160] >From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13se04-40] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-7812-1] Example Exposure Scenarios AGENCY: Environmental Protection Agency. ACTION: Notice of availability of a final document. ----------------------------------------------------------------------- SUMMARY: This notice announces the availability of a final report titled, Example Exposure Scenarios (EPA/600/R-03/036, April 2004), which was prepared by the U.S. Environmental Protection Agency's (EPA) National Center for Environmental Assessment (NCEA) of the Office of Research and Development (ORD). ADDRESSES: The document will be made available electronically through the NCEA Web site (http://www.epa.gov/ncea). A limited number of paper copies will be available from the EPA's National Service Center for Environmental Publications (NSCEP), P.O. Box 42419, Cincinnati, OH 45242; telephone: 1-800-490-9198 or 513-489-8190; facsimile: 513-489- 8695. Please provide your name, your mailing address, the title and the EPA number of the requested publication. FOR FURTHER INFORMATION CONTACT: The Technical Information Staff, National Center for Environmental Assessment/Washington Office (8623D), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Telephone: 202-564-3261; fax: 202-565-0050; e- mail: nceadc.comment@epa.gov. SUPPLEMENTARY INFORMATION: Exposure scenarios are a tool to help the assessor develop estimates of exposure, dose, and risk. An exposure scenario generally includes facts, data, assumptions, inferences, and sometimes professional judgment about how the exposure takes place. The human physiological and behavioral data necessary to construct exposure scenarios can be obtained from the Exposure Factors Handbook ( EPA/600/ P-95/002Fa-Fc, 1997). The Exposure Factors Handbook provides data on drinking water consumption, soil ingestion, inhalation rates, dermal factors including skin area and soil adherence factors, consumption of fruits and vegetables, fish, meats, dairy products, homegrown foods, breast milk, activity patterns, body weight, consumer products, and life expectancy. The purpose of the Example Exposure Scenarios is to outline scenarios for various exposure pathways and to demonstrate how data from the Exposure Factors Handbook may be applied for estimating exposures. The example scenarios have been selected to best demonstrate the use of the various key data sets in the Exposure Factors Handbook and represent commonly encountered exposure pathways. An exhaustive review of every possible exposure scenario for every possible receptor population would not be feasible and is not provided. Instead, readers may use the representative examples provided here to formulate scenarios that are appropriate to the assessment of interest, and apply the same or similar data sets and approaches as shown in the examples. Dated: August 11, 2004. P.W. Preuss, Director, National Center for Environmental Assessment. [FR Doc. 04-20598 Filed 9-10-04; 8:45 am] BILLING CODE 6560-50-P ------------------------------------------ You are currently subscribed to epa-impact as: NEWS@ENERGY-NET.ORG To unsubscribe, send a blank email to leave-epa-impact-46782Y@lists.epa.gov OR: Use the listserver's web interface at https://lists.epa.gov/cgi-bin/lyris.pl to manage your subscription. For problems with this list, contact epa-impact-Owner@lists.epa.gov ------------------------------------------ ***************************************************************** 22 [FOODIRRADIATIONCA] AB 1988 still on the Governor's Desk! Date: Mon, 13 Sep 2004 19:32:08 -0700 (please forward to concerned Californians!) Keep the pressure on Gov Schwarzenegger to support AB 1988, and protect parents' right to know what their kids eat at school! AB 1988, the landmark California legislation that requires school board approval and parental notification, passed the legislature and now waits action by Governor Schwarznegger. We have been bombarding Gov. Schwarzenegger with postcards, faxes, and calls, but we need to keep the pressure on. The Governor has until the end of September to take action on AB 1988. PLEASE KEEP CALLING AND WRITING THE GOVERNOR AND URGE HIM TO SUPPORT AB 1988! You can send a FREE FAX from our website by clicking on this link: http://www.citizen.org/fax/background.cfm?ID=364&source=56 Or call 916-445-2841 and press 7 (between 9 and 5) or press 2 (after 5pm or before 9am). Sample Phone Rap: Hi, I am calling to urge the Governor to support AB 1988 which protects parents' right to know if their children are eating irradiated foods at school. This bill is extremely important, as irradiated foods have been rejected by the public and the safety of consuming them is unknown. Parents must have all the information available so that they can make the best decision for their family. Thank you. For background on this issue visit http://www.citizen.org/california/food or visit http://www.safelunch.org To read the text of the bill, visit http://www.leginfo.ca.gov ~~~~~~~~~~~~~~~~~~~~~~~~~ Tracy Lerman Senior Organizer Public Citizen, California Office 1615 Broadway, 9th Floor Oakland, CA 94612 ph: 510-663-0888 x 103 f: 510-663-8569 tlerman@citizen.org http://www.citizen.org/california Keep irradiated food out of your child's lunch! Visit http://www.safelunch.org to find out more. ~~~~~~~~~~~~~~~~~~~~~~~~~ ********** If you do not wish to recieve these emails in the future, please send a email to tlerman@citizen.org with "unsubscribe foodirradiationca" in the subject line. ***************************************************************** 23 [DU-WATCH] Pentagon Brass Rattled by Uranium Munitions article Date: Mon, 13 Sep 2004 23:24:24 -0500 (CDT) For Immediate Release Contact: Bob Nichols bobnichols@cox.net The article about the use of depleted uranium being a war crime is the head line story in American Free Press. This will open some eyes at the Pentagon http://www.americanfreepress.net/html/pentagon_brass.html The front page on-line is currently at: http://www.americanfreepress.net/ Regards, Bob __________________________________________________________ American Free Press (AFP) America's Last Real Newspaper Pentagon Brass Suppresses Truth About Toxic Weapons Poisonous Uranium Munitions Threaten World By Christopher Bollyn The use of weapons containing uranium violates existing laws and customs of war and constitutes a war crime or crime against humanity, according to a leading U.S. expert on humanitarian law. Karen Parker, a San Francisco-based expert in armed conflict law, told American Free Press that the use of radioactive uranium weapons violates the Hague and Geneva Conventions as well as the Conventional Weapons Convention of 1980. Although no treaty specifically bans DU weapons, they are illegal de facto and de jure, Parker said. However, a class action lawsuit by victims of DU weapons will probably be required for a court to ban their use, she said. ILLEGAL FOR ALL COUNTRIES A weapon made illegal only because there is a specific treaty banning it is only illegal for countries that ratify such a treaty, Parker wrote in a paper, The Illegality of DU Weaponry, presented at the International Uranium Weapons Conference in Hamburg, Germany last October. However, a weapon that is illegal by operation of existing law is illegal for all countries. Parker, a delegate to the UN Commission on Human Rights since 1982, provides legal advice to the UN on DU weapons and other matters of humanitarian law. DU weaponry cannot possibly be legal in light of existing law, Parker said In evaluating whether a particular weapon is legal or illegal when there is not a specific treaty, the whole of humanitarian law must be consulted, Parker wrote. According to humanitarian law, the illegality of DU weapons is based on four criteria: The first is the territorial test. Weapons may only be used in the legal field of battle. Weapons may not have an adverse effect off the legal field of battle. The second is the temporal test, meaning that weapons may only be used for the duration of an armed conflict. A weapon that continues to act after the war violates this criterion. The territorial and temporal criteria are meant to prevent weapons from being indiscriminate in their effect. The third rule is that a weapon cannot be unduly inhumane. The Hague Convention of 1907 prohibits poison or poisoned weapons. Because DU weapons are radioactive and chemically toxic, as the military knows, they fit the definition of poisonous weapons banned under the Hague Convention. WHAT THE MILITARY KNOWS The Defense Department is well aware of the toxic effects of DU. In an official presentation by U.S. Army Reserve Col. J. Edgar Wakayama at Fort Belvoir, Va. on Aug. 20, 2002, the dangers of exposure to DU were clearly spelled out: Inhalation exposure has a major effect on the lungs and thoracic lymph nodes, Wakayama read from a slide. The alpha particle taken inside the body in large doses is hazardous, producing cell damage and cancer. Lung cancer is well documented, he noted. Urine samples containing uranium are mutagenic [capable of producing mutation] and the cultured human stem bone cell line with DU also transformed the cells to become carcinogenic, Wakayama read. DU deposited in the bone causes DNA damage because of the effects of the alpha particles, Wakayama stressed. One gram of DU emits 12,000 high-energy alpha particles per second. The fourth rule for weapons, the environmental test, says that weapons cannot have an unduly negative effect on the natural environment. Wakayama advised, Heavily contaminated soil should be removed if the area is to be populated with civilians. Wakayama described the dangers to children playing in contaminated soil and the leaching of DU into local water and food supplies. DU FAILS ALL LEGAL CRITERIA DU weaponry fails all four tests, Parker says. Because it cannot be contained to the battlefield, it fails the territorial test. Airborne DU particles are carried far from the battlefield affecting distant civilian populations and neighboring countries. Because the uranium dispersed on the ground and in the air cannot be turned off when the war is over, DU fails the temporal test. The airborne particles have a half-life of billions of years and have the potential to keep killing . . . long after the war is over, Parker wrote. The status of DU as nuclear, radiological, poison or conventional does not change its illegality. When the weapons test is applied to DU weaponry, it fails, she concluded. DU weapons fail the humaneness test because of how they kill, Parker says, by cancer, kidney disease etc, long after the hostilities are over. DU is inhumane because it can cause birth defects such as cranial facial anomalies, missing limbs, grossly deformed and non-viable infants and the like, thus affecting children . . . born after the war is over, Parker said The teratogenic [interfering with normal embryonic development] nature of DU weapons and the possible burdening of the gene pool of future generations raise the possibility that the use of DU weaponry is genocide, she wrote. Willfully causing great suffering or serious injury to body or health of civilians constitutes a grave breach of the fourth Geneva Convention, and this is exactly what DU weapons do. Finally, because DU weapons cannot be used without unduly damaging the natural environment, they fail the fourth rule for weapons, the environmental test. No available technology can significantly change the chemical and radiological toxicity of DU, the Army Environmental Policy Institute reported to Congress in 1994. These are intrinsic properties of uranium. Regarding environmental damages, users of these weapons are obligated to carry out an effective cleanup, Parker wrote. The cost of legal claims and environmental cleanup for the gulf wars alone could be staggering. Use of DU weaponry necessarily violates the grave breach provision of the Geneva Conventions, and hence its use constitutes a war crime or crime against humanity, Parker concluded. Questions regarding the legality of DU weapons were sent in writing to the Pentagons appointed spokesman on DU matters, James Turner. Turner told AFP that he was not qualified to answer such questions. By press time the Pentagon had not responded to repeated requests for information. American Free Press 2004 [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> Make a clean sweep of pop-up ads. Yahoo! Companion Toolbar. Now with Pop-Up Blocker. Get it for free! http://us.click.yahoo.com/L5YrjA/eSIIAA/yQLSAA/Sj.0lB/TM --------------------------------------------------------------------~-> [Brought to you by HTTP://WWW.STOPNATO.ORG.UK] Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/du-watch/ <*> To unsubscribe from this group, send an email to: du-watch-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 24 [DU-WATCH] DU: A death sentence here and abroad Date: Mon, 13 Sep 2004 23:23:09 -0500 (CDT) Leuren Moret released this story to the American press August 18, 2004. Please note the number of American Trooper declared "disabled" by the Veterans Administration. This is the first time that such a high number has been reported in the American press. I suspect that this bombshell story will last one news cycle of 24 hours in a hostile mainstream press. Exactly the opposite of what a reasonable person would expect. Regards Bob Nichols >From the San Francisco Bay View August 18, 2004 http://www.sfbayview.com/081804/Depleteduranium081804.shtml Depleted uranium: Dirty bombs, dirty missiles, dirty bullets A death sentence here and abroad by Leuren Moret At an April press conference, a group of New York Army National Guard vets raised their hands when asked if they have health problems. The soldiers, all from the 442nd Military Police Company, are complaining of headaches and fatigue after what they think is exposure to depleted uranium during their recent tour in Iraq. Photo: www.american freepress.net Military men are just dumb stupid animals to be used as pawns in foreign policy. - Henry Kissinger, quoted in Kiss the Boys Goodbye: How the United States Betrayed Its Own POWs in Vietnam Vietnam was a chemical war for oil, permanently contaminating large regions and countries downriver with Agent Orange, and environmentally the most devastating war in world history. But since 1991, the U.S. has staged four nuclear wars using depleted uranium weaponry, which, like Agent Orange, meets the U.S. government definition of Weapons of Mass Destruction. Vast regions in the Middle East and Central Asia have been permanently contaminated with radiation. And what about our soldiers? Terry Jemison of the Department of Veterans Affairs reported this week to the American Free Press that Gulf-era veterans now on medical disability since 1991 number 518,739, with only 7 035 reported wounded in Iraq in that same 14-year period. This week the American Free Press dropped a dirty bomb on the Pentagon by reporting that eight out of 20 men who served in one unit in the 2003 U.S. military offensive in Iraq now have malignancies. That means that 40 percent of the soldiers in that unit have developed malignancies in just 16 months. Since these soldiers were exposed to vaccines and depleted uranium (DU) only this is strong evidence for researchers and scientists working on this issue, that DU is the definitive cause of Gulf War Syndrome. Vaccines are not known to cause cancer. One of the first published researchers on Gulf War Syndrome, who also served in 1991 in Iraq, Dr. Andras Korinyi-Both, is in agreement with Barbara Goodno from the Department of Defenses Deployment Health Support Directorate, that in this war soldiers were not exposed to chemicals, pesticides, bioagents or other suspect causes this time to confuse the issue. This powerful new evidence is blowing holes in the cover-up perpetrated by the Pentagon and three presidential administrations ever since DU was first used in 1991 in the Persian Gulf War. Fourteen years after the introduction of DU on the battlefield in 1991, the long-term effects have revealed that DU is a death sentence and very nasty stuff. Scientists studying the biological effects of uranium in the 1960s reported that it targets the DNA. Marion Fulk, a nuclear physical chemist retired from the Livermore Nuclear Weapons Lab and formerly involved with the Manhattan Project, interprets the new and rapid malignancies in soldiers from the 2003 war as spectacular and a matter of concern. This evidence shows that of the three effects which DU has on biological systems - radiation, chemical and particulate the particulate effect from nano-size particles is the most dominant one immediately after exposure and targets the Master Code in the DNA. This is bad news, but it explains why DU causes a myriad of diseases which are difficult to define. In simple words, DU trashes the body. When asked if the main purpose for using it was for destroying things and killing people, Fulk was more specific: I would say that it is the perfect weapon for killing lots of people. Soldiers developing malignancies so quickly since 2003 can be expected to develop multiple cancers from independent causes. This phenomenon has been reported by doctors in hospitals treating civilians following NATO bombing with DU in Yugoslavia in 1998-1999 and the U.S. military invasion of Iraq using DU for the first time in 1991. Medical experts report that this phenomenon of multiple malignancies from unrelated causes has been unknown until now and is a new syndrome associated with internal DU exposure. Just 467 U.S. personnel were wounded in the three-week Persian Gulf War in 1990-1991. Out of 580,400 soldiers who served in Gulf War I, 11,000 are dead and by 2000 there were 325,000 on permanent medical disability. This astounding number of disabled vets means that a decade later, 56 percent of those soldiers who served now have medical problems. The number of disabled vets reported up to 2000 has been increasing by 43 000 every year. Brad Flohr of the Department of Veterans Affairs told American Free Press that he believes there are more disabled vets now than even after World War II. They brought it home Not only were soldiers exposed to DU on and off the battlefields, but they brought it home. DU in the semen of soldiers internally contaminated their wives, partners and girlfriends. Tragically, some women in their 20s and 30s who were sexual partners of exposed soldiers developed endometriosis and were forced to have hysterectomies because of health problems. In a group of 251 soldiers from a study group in Mississippi who had all had normal babies before the Gulf War, 67 percent of their post-war babies were born with severe birth defects. They were born with missing legs, arms, organs or eyes or had immune system and blood diseases. In some veterans families now, the only normal or healthy members of the family are the children born before the war. The Department of Veterans Affairs has stated that they do not keep records of birth defects occurring in families of veterans. How did they hide it? Before a new weapons system can be used, it must be fully tested. The blueprint for depleted uranium weapons is a 1943 declassified document from the Manhattan Project. Harvard President and physicist James B. Conant, who developed poison gas in World War I, was brought into the Manhattan Project by the father of presidential candidate John Kerry. Kerrys father served at a high level in the Manhattan Project and was a CIA agent. Conant was chair of the S-1 Poison Gas Committee, which recommended developing poison gas weapons from the radioactive trash of the atomic bomb project in World War II. At that time, it was known that radioactive materials dispersed in bombs from the air, from land vehicles or on the battlefield produced very fine radioactive dust which would penetrate all protective clothing, any gas mask or filter or the skin. By contaminating the lungs and blood, it could kill or cause illness very quickly. They also recommended it as a permanent terrain contaminant, which could be used to destroy populations by contaminating water supplies and agricultural land with the radioactive dust. The first DU weapons system was developed for the Navy in 1968, and DU weapons were given to and used by Israel in 1973 under U.S. supervision in the Yom Kippur war against the Arabs. The Phalanx weapons system, using DU, was tested on the USS Bigelow out of Hunters Point Naval Shipyard in 1977, and DU weapons have been sold by the U S. to 29 countries. Military research report summaries detail the testing of DU from 1974-1999 at military testing grounds, bombing and gunnery ranges and at civilian labs under contract. Today 42 states are contaminated with DU from manufacture, testing and deployment. Women living around these facilities have reported increases in endometriosis, birth defects in babies, leukemia in children and cancers and other diseases in adults. Thousands of tons of DU weapons tested for decades by the Navy on four bombing and gunnery ranges around Fallon, Nevada, is no doubt the cause of the fastest growing leukemia cluster in the U.S. over the past decade. The military denies that DU is the cause. The medical profession has been active in the cover-up - just as they were in hiding the effects from the American public - of low level radiation from atmospheric testing and nuclear power plants. A medical doctor in Northern California reported being trained by the Pentagon with other doctors, months before the 2003 war started, to diagnose and treat soldiers returning from the 2003 war for mental problems only. Medical professionals in hospitals and facilities treating returning soldiers were threatened with $10,000 fines if they talked about the soldiers or their medical problems. They were also threatened with jail. Reporters have also been prevented access to more than 14,000 medically evacuated soldiers flown nightly since the 2003 war in C-150s from Germany who are brought to Walter Reed Hospital near Washington, D.C. Dr. Robert Gould, former president of the Bay Area chapter of Physicians for Social Responsibility (PSR), has contacted three medical doctors since February 2004, after I had been invited to speak about DU. Dr. Katharine Thomasson, president of the Oregon chapter of the PSR, informed me that Dr. Gould had contacted her and tried to convince her to cancel her invitation for me to speak about DU at Portland State University on April 12. Although I was able to do a presentation, Dr. Thomasson told me I could only talk about DU in Oregon and nothing overseas nothing political. Dr. Gould also contacted and discouraged Dr. Ross Wilcox in Toronto, Canada, from inviting me to speak to Physicians for Global Survival (PGS), the Canadian equivalent of PSR, several months later. When that didnt work, he contacted Dr. Allan Connoly, the Canadian national president of PGS, who was able to cancel my invitation and nearly succeeded in preventing Dr. Wilcox, his own member, from showing photos and presenting details on civilians suffering from DU exposure and cancer provided to him by doctors in southern Iraq. Dr. Janette Sherman, a former and long-standing member of PSR, reported that she finally quit some time after being invited to lunch by a new PSR executive administrator. After the woman had pumped Dr. Sherman for information all through lunch about her position on key issues, the woman informed Dr. Sherman that her last job had been with the CIA. How was the truth about DU hidden from military personnel serving in successive DU wars? Before his tragic death, Sen. Paul Wellstone informed Joyce Riley, R.N., B.S.N., executive director of the American Gulf War Veterans Association, that 95 percent of Gulf War veterans had been recycled out of the military by 1995. Any of those continuing in military service were isolated from each other, preventing critical information being transferred to new troops. The next DU war had already been planned, and those planning it wanted no skunk at the garden party. The US has a dirty (DU) little (CIA) secret A new book just published at the American Free Press by Michael Collins Piper, The High Priests of War: The Secret History of How Americas Neo-Conservative Trotskyites Came to Power and Orchestrated the War Against Iraq as the First Step in Their Drive for Global Empire, details the early plans for a war against the Arab world by Henry Kissinger and the neo-cons in the late 1960s and early 1970s. That just happens to coincide with getting the DU show on the road and the oil crisis in the Middle East, which caused concern not only to President Nixon. The British had been plotting and scheming for control of the oil in Iraq for decades since first using poison gas on the Iraqis and Kurds in 1912. The book details the creation of the neo-cons by their godfather and Trotsky lover Irving Kristol, who pushed for a war against terrorism long before 9/11 and was lavishly funded for years by the CIA. His son, William Kristol, is one of the most influential men in the United States. Both are public relations men for the Israeli lobbys neo-conservative network, with strong ties to Rupert Murdoch. Kissinger also has ties to this network and the Carlyle Group, who, one could say, have facilitated these omnicidal wars beginning from the time former President Bush took office. It would be easy to say that we are recycling World Wars I and II, with the same faces. When I asked Vietnam Special Ops Green Beret Capt. John McCarthy, who could have devised this omnicidal plan to use DU to destroy the genetic code and genetic future of large populations of Arabs and Moslems in the Middle East and Central Asia - just coincidentally the areas where most of the worlds oil deposits are located - he replied: It has all the handprints of Henry Kissinger. In Zbignew Brzezinskis book The Grand Chessboard: American Primacy and Its Geostrategic Imperatives, the map of the Eurasian chessboard includes four regions strategic to U.S. foreign policy. The South region corresponds precisely to the regions now contaminated permanently with radiation from U S. bombs, missiles and bullets made with thousands of tons of DU. A Japanese professor, Dr. K. Yagasaki, has calculated that 800 tons of DU is the atomicity equivalent of 83,000 Nagasaki bombs. The U.S. has used more DU since 1991 than the atomicity equivalent of 400,000 Nagasaki bombs. Four nuclear wars indeed, and 10 times the amount of radiation released into the atmosphere from atmospheric testing! No wonder our soldiers, their families and the people of the Middle East, Yugoslavia and Central Asia are sick. But as Henry Kissinger said after Vietnam when our soldiers came home ill from Agent Orange, Military men are just dumb stupid animals to be used for foreign policy. Unfortunately, more and more of those soldiers are men and women with brown skin. And unfortunately, the DU radioactive dust will be carried around the world and deposited in our environments just as the smog of war from the 1991 Gulf War was found in deposits in South America, the Himalayas and Hawaii. In June 2003, the World Health Organization announced in a press release that global cancer rates will increase 50 percent by 2020. What else do they know that they arent telling us? I know that depleted uranium is a death sentence for all of us. We will all die in silent ways. To learn more Sources used in this story that readers are encouraged to consult: American Free Press four-part series on DU by Christopher Bollyn. Part I: Depleted Uranium: U.S. Commits War Crime Against Iraq, Humanity, www americanfreepress.net/depleted_uranium.html; Part II: Cancer Epidemic Caused by U.S. WMD: MD Says Depleted Uranium Definitively Linked, www americanfreepress.net/html/cancer_epidemic_.html August 2004 World Affairs Journal. Leuren Moret: Depleted Uranium: The Trojan Horse of Nuclear War, www.mindfully org/Nucs/2004/DU-Trojan-Horse1jul04.htm August 2004 Coastal Post Online. Carol Sterrit: Marin Depleted Uranium Resolution Heats Up GIs Will Come Home To A Slow Death, www.coastalpost com/04/08/01 World Depleted Uranium Weapons Conference, Hamburg, Germany, October 16-19, 2004: www.worlduraniumweaponsconference.de/speakers/speakers.htm International Criminal Tribunal for Afghanistan. Written opinion of Judge Niloufer Baghwat: www.mindfully org/Reform/2004/Afghanistan-Criminal-Tribunal10mar04.htm Discounted Casualties: The Human Cost of Nuclear War by Akira Tashiro, foreword by Leuren Moret, www.chugoku-np.co.jp/abom/uran/index_e.html Leuren Moret is a geoscientist who has worked around the world on radiation issues, educating citizens, the media, members of parliaments and Congress and other officials. She became a whistleblower in 1991 at the Livermore Nuclear Weapons Lab after experiencing major science fraud on the Yucca Mountain Project. An environmental commissioner in the City of Berkeley, she can be reached at leurenmoret@yahoo.com. [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> $9.95 domain names from Yahoo!. Register anything. http://us.click.yahoo.com/J8kdrA/y20IAA/yQLSAA/Sj.0lB/TM --------------------------------------------------------------------~-> [Brought to you by HTTP://WWW.STOPNATO.ORG.UK] Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/du-watch/ <*> To unsubscribe from this group, send an email to: du-watch-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 25 [du-list] NRC License to Army for DU Date: Mon, 13 Sep 2004 14:21:16 -0700 DearAll, Link below is to PDF file of the NRC License to Army for storage of DU which includes Blue Grass Army Depot and many others. Elaine http://www.osc.army.mil/dm/dmwweb/Lic%20pdf%20etc/SUC1380.PDF [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> $9.95 domain names from Yahoo!. Register anything. http://us.click.yahoo.com/J8kdrA/y20IAA/yQLSAA/FGYolB/TM --------------------------------------------------------------------~-> To unsubscribe from this groups send a message to du-list-unsubscribe@yahoogroups.com. In the body of the message type unsubscribe and send. Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/du-list/ <*> To unsubscribe from this group, send an email to: du-list-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 26 Epstein asks for EP upgrades; Wal-Mart dealt setback Date: Mon, 13 Sep 2004 14:21:18 -0700 State plan to handle nuke crisis challenged Preschools, hospitals and nursing homes are unprepared, 2 residents say Sunday, September 12, 2004 BY GARRY LENTON Of The Patriot-News State and federal authorities are investigating allegations that Pennsylvania is unprepared to evacuate preschool children and nursing home and hospital patients during a nuclear accident. The federal government requires that the state have a plan for moving people who cannot care for themselves and live within 10 miles of a nuclear plant. Two Harrisburg area residents allege that the state has been out of compliance with federal safety requirements for nearly two decades. Shop Central PA Gov. Ed Rendell's office and the Federal Emergency Management Agency took on the review of the state's plan after receiving a letter last week from Larry Christian and Eric Epstein, chairman of the watchdog group Three Mile Island Alert, detailing these issues. The Nuclear Regulatory Commission also received the letter. If the accusations are deemed true, it would call into question the validity of the operating licenses for the five nuclear power stations in Pennsylvania. Federal law requires the NRC to determine that the public will be protected in a radiological emergency before it grants a license to open a nuclear plant. The disparity in the region's evacuation plans is evident in how two midstate institutions, both within 10 miles of TMI, would handle a nuclear emergency. At Frey Village in Middletown, buses from other nursing homes would be sent to evacuate the facility's 240 residents. It's all prearranged, said Amy Young, executive director of the Diakon Lutheran Social Ministries facility. But a few miles away, the 461-bed Penn State Milton S. Hershey Medical Center would scatter patients to any of 16 hospitals outside the emergency zone, but the hospital does not have a fleet of buses reserved for an evacuation. Lee Groff, chairman of the hospital's disaster committee, said the medical center would call the Dauphin County Emergency Management Agency for vehicles to move equipment and up to 6,000 patients and staff. "On the day we have a mass evacuation all hell is going to be breaking loose. A phone call from Hershey ... asking for 50 vehicles is going to be a tall order to fill," Harrisburg Mayor Stephen R. Reed said. "They will be loading people in the private vehicles of staff people." Dauphin County has vehicles reserved for evacuations, said Nick DiFrancesco, Dauphin County commissioner who oversees emergency management operations, but he acknowledged that "there is always room for improvement." The violations alleged: Christian, of New Cumberland, discovered last year that the state's emergency management plans did not protect preschool children in day care or nursery schools. In response, a state law was passed in July requiring emergency plans for some child care facilities, but not all. In their recent letter, Christian and Epstein allege that Pennsylvania is in violation of federal law because: * It failed to prepare emergency plans for nursery schools and day care centers. * A law passed in July to provide emergency planning for day care centers exempts nonprofit operations. * Pennsylvania puts responsibility for emergency planning on the operators of the center, rather than state and local government agencies. "There are large segments of our population that are not covered in the event of an emergency," Epstein said. "The reality is these people need to be moved in an emergency, and we need to have plans in place." The alleged failures take on added weight in light of the Sept. 11, 2001, attacks. Terrorist documents captured in Afghanistan included diagrams and surveillance reports of U.S. nuclear plants, including TMI. FEMA officials were scheduled to meet Thursday with staff from Pennsylvania to discuss the allegations, said W. Craig Conklin, director of FEMA's technological services division. And NRC spokeswoman Sue Gagner said the agency had received the letter but could not comment on it. "We will take time to carefully review it," she said. After reviewing the allegations, U.S. Rep. Todd Platts, R-York, on Friday asked the House Energy and Commerce Committee Subcommittee for Investigations and Oversight to conduct hearings or an investigation of the allegations. "I believe that we are in compliance," said David M. Sanko, chairman of the Pennsylvania Emergency Management Agency. Improvement is possible, he said, but the state has provisions for special-needs populations. If the NRC determines that the state is out of compliance with federal regulations, it could order the plants shut down if the problems are not corrected within four months. Such a move is unlikely, however. Pennsylvania's nuclear stations provide 36 percent of the electricity consumed in the state. Ralph DeSantis, a spokesman for Exelon Nuclear, owner of TMI, said the allegations do not question the company's emergency planning. He said, however, that exhaustive emergency planning has been carried out since the 1979 accident, and since the Sept. 11 attacks. Who's responsible?: The Rendell Administration also has questioned the state's ability to evacuate so-called special populations. "We need to look more closely at what already exists in all-hazards planning," said Adrian King, deputy chief of staff for Gov. Rendell. "As we identify holes ... you will see this administration order planning for those facilities as well." The official view of the Pennsylvania Emergency Management Agency, outlined by Sanko, in a July 30 letter to Christian, is that day care and nursing home operators, not the government, are responsible for arranging transportation for an evacuation and other tasks. But that view was contradicted by Michael Jamgochian, a senior nuclear engineer with the NRC and author of the regulations. "[Transportation] falls under the state and local government's responsibility," Jamgochian said. "They would provide the bus." Jamgochian cast doubt on a law passed in July that requires for-profit day care centers and nursery schools to develop emergency plans but exempts nonprofit centers. "There are no such distinctions in our regulations," Jamgochian said. "Our regulations don't care whether you are in a private school or a public school ... everybody has to have protection." GARRY LENTON: 255-8264 or glenton@patriot-news.com » Send This Page | » Print This Page Copyright 2004 The Patriot-News. Used with permission. L. Paxton Wal-Mart project hits snag Developers file lawsuit after missed deadline triggers denial of plan Friday, September 10, 2004 BY KELLY BOTHUM Of The Patriot-News Wal-Mart's effort to build a supercenter in Lower Paxton Twp. appears headed to court although township supervisors last month conditionally approved plans for a 223,806-square-foot store. When supervisors voted in favor of building a supercenter on Route 22 at the site of the Holy Name of Jesus Roman Catholic Church and School, Wal-Mart had 15 days to accept the terms of the agreement. Wal-Mart never signed off on any of the terms in the required time, township manager George Wolfe said. Shop Central PA That meant the plan for the supercenter was automatically denied, Wolfe said. "It's a self-executing function of the ordinance," Wolfe said. "We're very surprised it happened this way." In response, developers have filed a suit in Dauphin County Court asking for reversal of the denial. The plan approved last month contained nine conditions, most requiring approvals from local and state government agencies. Wal-Mart officials objected to a condition requiring a fence on the site abutting another property. The township said the fence must be acceptable to the adjacent property owners, something developers opposed. According to Lower Paxton Twp. officials, Wal-Mart representatives never contacted the township to accept the conditions of the agreement as required by the township's land development ordinance. A letter to the township from the engineering firm representing Wal-Mart said developers would be willing to accept the conditions of the plan once the fence requirement was removed. The letter also stated developers would be willing to add a 6-foot vinyl fence adjacent to the property. In their lawsuit, the developers argue that the fencing requirement is not mandated by any township ordinance and is invalid. Developers also say they were not properly contacted about the denial, and the decision did not cite the requirements of the township ordinance. Attorney Ron Lucas, who represents the developers, did not return a call for comment. If its attempt to reverse the decision fails, Wal-Mart can resubmit its plan, but it would fall under more restrictive commercial zoning regulations adopted by the township since the plan was submitted last spring. The new restrictions could reduce the size of the planned store. The denial was good news for attorney Steve Snyder, who represents Lower Paxton Residents for Responsible Growth, a group opposed to the Wal-Mart plans. Snyder heard about the denial while researching the group's lawsuit appealing the supervisors' approval of Wal-Mart last month. Their suit alleges township supervisors had the authority to deny Wal-Mart's plan in the public's best interest but violated their public responsibility. Snyder said the group filed its suit to preserve its appeal, since Wal-Mart could win reversal of its plan denial. Snyder said members of the group were pleased with the denial, though they don't think this is the end. "This gives us time to try to turn the heat up on the township," Snyder said. KELLY BOTHUM: 255-8440 or kbothum@patriot-news.com » Send This Page | » Print This Page Copyright 2004 The Patriot-News. Used with permission. MORE TOP NEWS MORE STATEHOUSE/POLITICS NEWS ***************************************************************** 27 [NukeNet] 3 Mile Island: Health Study Meltdown Date: Mon, 13 Sep 2004 14:21:45 -0700 http://www.thebulletin.org/issues/2004/so04/so04mangano.html _______________________________________________________________________ Subscribe/Unsubscribe Here: http://www.energyjustice.net/nukenet/ Change your settings at: http://energyjustice.net/mailman/listinfo/nukenet_energyjustice.net ***************************************************************** 28 Rep. Strickland: STRICKLAND ASKS SECRETARY OF ENERGY TO BLOCK ANTI-WORKER PROVISIONS IN DOE PROPOSALS March 2, 2004 WASHINGTON – In a letter yesterday Congressman Ted Strickland asked Secretary of Energy Spencer Abraham to personally step in and protect workers and their pensions at the Portsmouth Gaseous Diffusion Plant as DOE selects a new contractor for the site. “DOE’s new requirements for contractors scrap promises and agreements made with workers,” said Strickland. “It jeopardizes already negotiated labor agreements and threatens the pensions of workers at the plant.” The Department of Energy is currently accepting new bids for Infrastructure and Remediation contracts at its former Portsmouth and Paducah , KY sites. In its guidelines for bids, DOE has left out requirements that contractors adhere to conditions of contracts between the union that represents workers at the sites, PACE, and Bechtel Jacobs which currently oversees infrastructure and remediation operations at the sites. In addition, the proposal outlines include loopholes that could leave hundreds of workers at the Portsmouth and Paducah sites without pension continuity. DOE is almost exclusively requiring that only Bechtel Jacobs employees or its 1st and 2nd tier contractors who have worked with them for five years receive pension continuity. In his letter, Strickland asks that Secretary Abraham step into the requirement process and force amendments to the contract bids that will correct these two problems. “It has been brought to my attention that the equitable treatment of the workforce at DOE nuclear sites is and has been assured by every Secretary of Energy without regard to political party,” Strickland said in his letter. “I am sure you share my desire to see to it that these Cold War workers are not left out in the cold simply because DOE is changing contractors. Mr. Secretary, please revisit these issues once again and do right by this dedicated workforce.” ### ***************************************************************** 29 Paducah Sun: Decision coming on sick worker program home [http://www.paducahsun.com/] A congressional committee begins meeting Monday on the bill that will declare who handles compensation for sick nuclear workers. By Joe Walker jwalker@paducahsun.com 270.575.8656 Owens Wednesday, September 08, 2004 Having lost about a fourth of his liver function from chemical exposure at the Paducah Gaseous Diffusion Plant, Larry Wagner has a valid workers' compensation claim but may never get paid. "They say I've had damage from my work and am entitled to money," said Wagner, a Farley resident who will turn 51 next month. "But there's nobody there to pay it." Wagner is among tens of thousands of sick nuclear workers nationwide caught in a massive Department of Energy claims backlog. As of the end of July, DOE had paid 31 toxic-exposure claims out of about 25,000 filed, for an average benefit of about $22,500. Even if DOE eliminates the backlog by the 2006 target, there is no way to force insurance companies or self-insured employers to pay claims. Leon Owens of Paducah is in Washington, D.C., this week asking for House support for a measure to fix the program by transferring it to the Department of Labor and have that agency pay claims. The Labor Department has paid about $900 million — including $154 million at Paducah — to nuclear workers sickened from exposure to radiation, beryllium and silicon. Owens, former president of the Paducah nuclear workers' union, wants Kentucky's five other U.S. representatives to sign a letter from 1st District Rep. Ed Whitfield of Hopkinsville lobbying for the change. The letter bears the names of 40 respresentatives who have signed or promised to sign, including 4th District Rep. Ken Lucas of Kentucky and Reps. John Shimkus and Jerry Costello of southern Illinois. The letter will go to the House-Senate Conference Committee, which starts work Monday. Whitfield is seeking support for a Defense Authorization Bill amendment by Sen. Jim Bunning that the Bush administration opposes. The letter points to the huge backlog despite DOE's having received $90 million from Congress for administrative costs over the past four years. It also says that half the workers filing claims will wind up without a "willing" payer. The Energy Department has submitted legislation to try to hold onto its program by reimbursing current or former DOE contractors and subcontractors, state workers´ compensation agencies or anyone else who would pay claims voluntarily. Instead of supporting legislation by Whitfield to transfer claims to the Labor Department, the House amended the defense bill to eliminate a pay cap for DOE physician panelists in hopes of accelerating claims. Conferees must work out the differences in the two amendments. While Whitfield and Bunning have been publicly outspoken for the Senate amendment, Sen. Mitch McConnell has not. McConnell is married to Labor Secretary Elaine Chao, whose department follows the Bush administration stance. "Sen. McConnell hasn't taken a lead position for various reasons," Owens said. "But he continues to work quietly behind the scenes in support of the legislation." Wagner hopes the efforts by Whitfield and Owens are successful. He filed a claim in 2001 and was notified a few months later that he did not qualify for $150,000 lump-compensation from the Labor Department. His claim then went to the Energy Department, where it remained for about 2 years until last spring when the panel informed him his liver disease was consistent with exposure to the now-banned solvent trichloroethylene (TCE). A 30-year plant employee, Wagner said he used TCE many times, briefly as a janitorial worker and then for the bulk of his career in power operations. "They (panelists) suggested I file a workers' compensation claim for permanent disability, which I'm doing," he said. "But what the state workers' compensation people tell me is there is no willing payer." Wagner said the exposure apparently occurred while he worked for government contractors who ran the plant until USEC Inc. took over in 1994. Bechtel Jacobs, an environmental firm that succeeded the last of the plant contractors, wrote Wagner that it was awaiting documents from DOE to see if the claim merited payment by Bechtel Jacobs' insurer, he said. Wagner said he has no idea how much he would be paid, but the amount would be based on his percentage of total disability. Although he has mild chronic lung disease and has been exposed to radiation, the panel finding was solely because of liver dysfunction, he said. The liver trouble showed up several years ago from a battery of tests stemming from enzyme problems. His physician wrote the panel that Wagner wasn't undergoing major treatment, but might have to later if the problem worsened. "My doctor told me a long time ago that it's not something that's going to heal up," Wagner said. ***************************************************************** 30 Paducah Sun: Sick workers' shift supported [http://www.paducahsun.com/] Paducah, Kentucky Saturday, September 11, 2004 All six U.S. representatives from Kentucky are backing a letter urging the House-Senate conference committee to approve legislation to fix a backlogged claims program for sick nuclear workers. The five other congressmen and woman from Kentucky have signed the letter from 1st District Rep. Ed Whitfield, said Leon Owens, former president of the Paducah Gaseous Diffusion Plant nuclear workers' union. Owens was in Washington, D.C., this week to garner support for the letter, expected to be signed by at least 40 representatives. It asks conferees to accept an amendment from Sen. Jim Bunning to move the program from the Department of Energy to the Department of Labor, and have DOL pay the claims. The committee is expected to start work Tuesday or Wednesday, Owens said. "Senator Bunning will continue meeting with other House members to ensure a favorable outcome. We've done what we set out to do, and now we'll just have to wait and see." ***************************************************************** 31 PittsburghLIVE.com: Help sought for victims of radiation cancers - Monday, September 13, 2004 [Pittsburgh Tribune-Review] Back to headlines By Jonathan Szish TRIBUNE-REVIEW NEWS SERVICE Government officials are trying to make it easier for people who worked during the Cold War at nuclear fuels processing plants in Parks and Apollo in Armstrong County to get $150,000 in compensation for their radiation-related cancers. U.S. Rep. John Murtha, D-Johnstown, has decried the "snail's pace" of the compensation process under the Energy Employees Occupational Illness Compensation Program Act of 2000. Murtha said he is pursuing other avenues to help former employees skip the arduous paperwork process and jump right to compensation, which includes paid medical expenses, if records about their employment are missing. Four years after its passage, the federal act to compensate former nuclear fuels processing plant workers for their cancers is grinding forward. The National Institute for Occupational Safety and Health has interviewed more than 80 of the 129 workers who have filed claims from former facilities in Parks and Apollo, according to Murtha. These 129 former workers claim they have developed radiation-related cancers and worked at either NUMEC or its successors. The Nuclear Materials and Equipment Corp., in Apollo and Parks, produced nuclear fuel for submarines and other uses during the Cold War. Its successors were ARCO and Babcock &Wilcox. The majority of the workers who have filed claims -- 103 of them -- worked at the Apollo site. The other 26 claimants worked at the Parks site. Working case by case, NIOSH agents are asking former employees about how much radiation exposure they suffered, where they worked and in what capacity, said NIOSH spokesman Fred Blosser. Institute officials also are trying to piece together how much overall radiation exposure workers might have suffered at either the Parks or Apollo facilities. In federal jargon, this is called "site reconstruction." These investigative steps, which require people or their survivors to produce extensive paperwork about their medical and work history, could be eliminated if the government grants "special cohort status" to the Parks and Apollo sites. So far, the government has given it only to former workers in Oak Ridge, Tenn., Paducah, Ky., Portsmouth, Ohio, and Amchitka, Alaska. "All these hoops are unacceptable," said Patty Ameno, a long-time environmental activist from Leechburg, who supports getting "cohort status" for the Apollo and Parks sites. "They cannot get this compensation to these workers fast enough. These people have waited and waited." Brad Clemenson, Murtha's district director, said groups or individuals can apply for special cohort status if records are missing. But getting blanket cohort status for both the Apollo and Parks sites -- similar to the other four already granted elsewhere -- appears to be an uphill battle. There are hundreds of former nuclear facilities in the country, and everyone would want that, Clemenson said. "(Murtha) does support it, but it's going to be very difficult to do," Clemenson said. "There's a great deal of resistance in Congress to granting new special cohort statuses." However, Murtha is pursuing other avenues, such as trying to encourage NIOSH to designate Apollo and Parks as a special cohort rather than to do it legislatively, Clemenson said. Across the country, about 58,000 people have filed energy employee compensation claims with the Department of Labor, which is in charge of the compensation program. The Department of Labor has made nearly 12,000 payments totaling $889 million. About 20,000 people have been denied so far, according to the Department of Labor Web site. "Although we can never fully repay these workers or their families, they deserve recognition and compensation for the sacrifices they made while doing work related to our national security during the Cold War," Murtha said. Jonathan Szish can be reached at jszish@tribweb.com [jszish@tribweb.com] or (724) 226-4675. Back to headlines Images and text copyright © 2004 by The Tribune-Review Publishing Co. ***************************************************************** 32 Las Vegas SUN: Where I Stand -- Brian Greenspun: A missed opportunity September 10, 2004 Brian Greenspun is editor of the Las Vegas Sun. WEEKEND EDITION September 11 - 12, 2004 Some apolitical thoughts in the middle of a political maelstrom. Nevada's attorney general, Brian Sandoval, has responded quite eloquently to a column I wrote last week in which I criticized him, specifically, and other Nevada Republicans in leadership positions, generally, for not standing up for Nevadans on the Yucca Mountain issue, choosing instead to give President George W. Bush a political pass after he decided -- and he was the only human being on the planet who could make such a decision -- to put the high-level nuclear waste bull's-eye on the backs of every man, woman and child living in this state. I was critical because Brian Sandoval, most likely because he is a pretty face with a good mind and a much-needed Hispanic name, was given four minutes at the Republican National Convention to give a speech. He gave one, but it was not the one that should have been given by the chief law enforcement officer of the Silver State. Sandoval had a captive audience of Republicans in the hall and a nationwide audience in the millions of people who would have been far more interested in learning about Yucca Mountain -- the violation of state's rights, the abdication of scientific discovery and the pure political power playing exhibited by the nuclear power industry and its puppets in the Department of Energy -- than they would about whatever piling on he was doing in the name of the Bush re-election effort. After all, wouldn't it have been interesting if our attorney general had told the American people -- as "60 Minutes" did a few weeks earlier -- that the deadliest substances known to man would be trucked and trained through the major cities across America? Wouldn't it have been helpful to Nevadans if the man we elected to represent our interests told his fellow Americans how wrong it was for the federal government to force this down our throats and how muddle-headed it was for them to put such a plank in the Republican Party platform so everyone who worries about the dump, its travel schedule, and the terrorist activities it invites, would know which party and which party leader -- that would be President Bush -- is to blame for their troubles? Those are rhetorical questions because everyone in this state above the voting age knows the answer, and it is not the one that Brian Sandoval came up with when he allowed his party to manipulate his obligation to the people who elected him. That, in short, is the message I wrote last week. This week you can read below what Sandoval responded with, which, I am happy to say, is some good news and, potentially, some better news if the courts uphold the lower court decision. And, if the DOE and the EPA are not forced to change the rules by a president hellbent to shove that stuff down our mountain and into our lives for thousands and thousands of years. It is interesting reading and I commend all readers to pay attention to what is happening on the legal side of the ledger. But, with all due respect to Sandoval, who knows exactly what he is doing, you did not respond to my criticism! You did not explain to the people of this state why you squandered four minutes of prime national television time and didn't even once mention Yucca Mountain or the great fear in which every Nevada family lives, concerned that the first and worst nuclear accident will happen in our backyard. You didn't share one idea with the American public about alternatives to burying that poison in our back yard -- or anyone's back yard -- and the few extra dollars it might take to accomplish that 21st century solution. You didn't because you couldn't. Instead, Brian, you allude to the difficulty of discussing such a grave concern in the middle of a political year and let it go at that. Sorry, sir, but a political year is exactly the time when the American people should hear as much as they can about all matters which affect their lives and their well-being. And a political year and your political opportunity was the time for you to have stood up for this state and the people who placed their faith in you. Unless I have this thing all wrong, you are a Republican to be sure. But, first, Brian you are a Nevadan. And you didn't act like it in New York. And now, much closer to home. I couldn't help thinking back to the rough and tumble days of Las Vegas while listening to Mayor Oscar Goodman's little press briefing earlier this week. I think about those early days a lot, partly because it is easier to remember 50 years ago than it is to recount what I had for breakfast this morning but, mostly, because much of what is happening in 2004 has already happened to us before. The old saying that if we don't learn from history we are doomed to repeat it is as true today as it was when first uttered. Our good mayor was being questioned -- far more politely than his self-defensive and agitated answering deserved -- about one of his son's activities in buying land next to some land earmarked by the city of Las Vegas for redevelopment dollars. The effect of such a designation would be to drive land values up all around the designated area, which would make the young Mr. Goodman a handsome penny or two for his troubles. The questions, of course, centered on the propriety of a member of the mayor's family taking advantage of a city action with which his father would obviously play a part. They were legitimate questions and unworthy of Oscar's short and smart-alecky answers that basically said his son is his own man and there is nothing the mayor could do about his offspring being smarter than most and taking advantage of a good deal when he sees it. Maybe Oscar is right. Maybe there is nothing wrong with the actions of his son who, incidentally, is suing an 85-year-old woman who won't get out of the way of Goodman the Younger's growth plans. But, in this day and age, I think the people of this city who elected Oscar as a reformist of sorts who promised to make government transparent and work for the people not just the moneyed few, deserve better answers to the legitimate questions raised. As for the rough and tumble days? The whole episode reminded me of the time when someone involved in city government teamed up with a businessman of renown and purchased much of the land tracts that just happened to be bordered by the new roads and infrastructure that was going to be approved by the city fathers but which had not become public. The two in question had, what you would call it, a leg up on the competition. I remember my father writing about those two fellows. He called them, for obvious reasons, the Gold Dust Twins. There is probably no connection between those times and today and the hundreds of acres tied up for pennies 50 years ago that today are worth millions. In fact, I am almost certain there is no connection. But, just the same, don't you think, Mr. Mayor, whether legal or not, either you or your son should be more sensitive to the lessons of history? It sure would make those press conferences go a little easier and it would go a long way in making the public think they are getting a fair shake under your steady hand. It's just a thought from a guy who loves this city, loves your family and loves the storied history of Las Vegas. ***************************************************************** 33 AU ABC: Greens seek uranium mine review release » [http://abc.net.au/] Monday, 13 September 2004 There has been a call for the release of an inquiry into uranium mining, with the Greens saying delays could be responsible for ongoing pollution. Greens' nuclear issues spokesman Dr Dennis Matthews says the South Australian Government promised the inquiry into the controversial in-situ leach technology used at the Beverley mine in the state's north. Dr Matthews says a lack of action by state Labor goes against its rhetoric on uranium. "Those certain things have been more showcase than actual anything happening and, as I say, in effect they're implementing Liberal government policy rather than Labor government policy," he said. "The mines that the Liberal government gave the green light to, Beverley in particular, are still going ahead, still producing uranium, still polluting the groundwater with their waste." But a State Government spokesman says the review was commissioned in November of last year, and was expected to take a year to complete. He says it is on target to be released within the anticipated time-frame. [ more news ] Last Updated: 11:54:00 AM (ACST) [ABC Online] [http://www.abc.net.au/common/copyrigh.htm] | [http://www.abc.net.au/privacy.htm] ***************************************************************** 34 AU ABC: Ranger audits begin today » Australian Broadcasting Corporation Online"> [http://abc.net.au/] Monday, 13 September 2004 The Northern Territory's Ranger Uranium Mine will undergo the first of three independent audits today. The audits were ordered by the Federal Government after two reports into a contamination incident at the mine. In March this year, workers at the mine drank or showered in water that was later found to be contaminated with 400 times the legal limit of uranium. Today's audit will cover the radiation protection procedures and the water systems at the Ranger site. Last Updated: 11:55:00 AM (ACST) [http://www.abc.net.au/privacy.htm] | Information about the use ***************************************************************** 35 NEWS.com.au: Green challenge on N-dump (September 13, 2004) THE Greens today challenged the major parties to rule out the possibility of a national nuclear waste dump in the Northern Territory. The NT Government has introduced legislation into parliament in a bid to block a commonwealth nuclear waste dump being placed anywhere in the territory. Greens NT Senate candidate Mark Wakeham said the Greens were committed to keeping the NT free of any nuclear waste dumps. "We challenge all politicians to support our anti-dump action plan," Mr Wakeham said. Nuclear waste is shaping up to be one of the issues in the October 9 federal poll for the seat of Solomon - Australia's most marginal seat. Country Liberal Party MP David Tollner - who holds the seat by just 88 votes - has said the NT would have an obligation to take the waste if it was deemed the safest place for it. The Federal Government is searching commonwealth land for a suitable place to house a dump to contain medium and low level nuclear waste produced by federal agencies, with the states to dispose of their own waste. AAP About us [http://www.news.com.au/ ***************************************************************** 36 Re: A matter of national security! and THE BIG LIE ("NUKES ARE Date: Mon, 13 Sep 2004 19:32:07 -0700 To: cc: ibc@comby.org, "Office of Public Affairs/NRC" September 13th, 2004 To: Department of Energy To Whom It May Concern, It is generally agreed that, despite decades of small-step improvements in things like ergonomics, software graphical user interfaces, control room display design, training and simulation, and the like, the so-called "human factor" is STILL one of the "weakest links" in nuclear power plant safety. Terrorism is a danger at nuclear power plants. So are failed 25 and 30-year-old welds. So is "Mother Nature." But still, humans must make virtually instantaneous life-and-death decisions (life and death for perhaps a million people at once, like being Brig. Gen. Paul Tibbets in the cockpit of the Enola Gay, carrying that responsibility and even a thousand times more, and even against your own people, your community, your family, every moment of every day of your entire worklife). Such stress takes its toll. Pilots have had to retire because of the stress from difficult landings with all that responsibility on board. The souls who entrusted their safety to them. But everyone loves pilots. Especially retired pilots, who can no longer fail. The same cannot and never will be said for nuclear plant engineers. The world, generally, despises them. Oh sure, most people don't have a clue one way or the other, but the more people know about nuclear power, the more they -- the "outside world" that is (not DOE employees) -- despises these people. That's the reality. Nuclear power is feared not because it is misunderstood, but precisely because it IS understood. So the world fears its staunchest supporters and most experienced workers. It fears them and mistrusts them, because it knows there is a "BIG LIE" about nuclear power. The world can see the paltry, pretend-attempts at using renewable energy to solve our energy problems -- the investments that get lots of time from the Presidential Podium (i.e., lip service) but mere millions where nuclear got -- and gets -- tens and even hundreds of BILLIONS of dollars in research and development funding. We know a BIG LIE when we see one -- and it doesn't go unnoticed that in Russia, where BIG LIES are so common as to be much more common than the truth, nuclear power is at least as decrepit and dangerous as here, and as well supported by their government as it is here by ours. Communism isn't dead, it just became radioactive. DOE LIES. That's unAmerican. The whole nuclear industry lies, and the public -- from the creators of "The Simpsons" on down -- knows it. And it follows that the public is going to suspect that individual nuclear engineers lie, too. I'm sure that being despised by the general public is very stressful. Being ashamed to admit what you do, afraid to state your corporate affiliations, for fear of questions, NOT from ignoramuses, but from well-educated, thoughtful, concerned citizens who, it turns out, don't have a ax to grind, they just want the truth, is stressful. Indeed, on a personal basis, nuclear workers have my sympathy. Aside from the dangers they face from increased risks of cancer, leukemia, birth defects in their children, and other medical problems, it must be an awful burden to bear, not understanding, for example, anything about the medical aspects of why some types of radiation can be as much as 100 or even 1000 times more dangerous than official government estimates, especially for microscopic, "aerosolized" particles, alpha emitters perhaps (for example Plutonium 238), which lodge in various parts of the body, or merely are passed through it on a random journey from lung to bloodstream to kidneys to bladder and out, or some other pathway. Many radioactive particles chemically mimic natural, non-radioactive particles the body needs and gathers. Higher concentrations of these radioactive particles form in various organs and bones of children, or in the spines of infants, or the brains of fetuses. Plutonium 238 gathers, among other places, in men's scrotum. (I hope that word is not banned by your "sophisticated" email scanning system. If it is, all I can say is, "NUTS!".) Perhaps instead their understanding of metallurgy is weak, allowing things like Davis Besse to occur. After all, the Nuclear Regulatory Commission pretty much flat out stated that they don't understand how Davis-Besse could have occurred physically, although they blame the operators for failing to notice the rust that was gathering in the filters. Rust in the filters to the extent where they were changing them daily instead of on the quarterly schedule that those same filters normally were changed! That's nearly two "orders of magnitude" difference, but yet, no one "noticed." Not the guy ordering filters, not the guy sending them to the dump to be hosed down or whatever they do with the "quap" (H. G. Wells' term for radioactive material) after they've collected it. The guys changing the filters didn't consider the need for constant replacement to be any big deal. They were not, after all, metallurgists. Or perhaps the mathematics behind the statistical computer modeling of failure rates in complex systems baffles them. And why shouldn't it? After all, it's hard enough to lay out a "scientific" study using controlled environments. Sophisticated statistical techniques with names like "Analysis of Variance" (one-way, two-way, three-way, etc.) have been designed to evaluate the role of "chance" and improper scientific methodologies in carefully controlled experiments. Progress is slow in all fields because of the need for accuracy, for no progress is made on incorrect data (poor readings), or inaccurate calculations, or inaccurate interpretations. In the "real world" -- in a nuclear power plant, for instance -- it is impossible to isolate all possible "causes" and "effects." The systems are too complicated. Mathematical models break down when checked against reality. That's why we haven't automated the control rooms completely (yet?). Dr. Stanley Thompson, one of the nuclear industry's earliest authors of technical books for the industry, has shown mathematically that there is a possibility that nuclear power plants can, under some circumstance, oscillate themselves into oblivion in a hurry -- run away, as it were. Galloping Gerty on Steroids. This has a statistical probability of less than 100% but more than 0%. In other words, NO ONE can say it won't happen, and YOU -- the DOE -- can't disprove his assertions, but in the control room, they simply assume the DOE is right not to worry about it. Case closed. The math is very complicated, I'm sure. But the man asserting these things -- Dr. Thompson -- had already proven his competence years before anyone in today's DOE was adding 2 and 2 together and getting 4 (at least most of the time). And so on. I've yet to meet a pro-nuker who understands all of these important areas -- they always claim it's out of their area of expertise to talk about at least one of the above. They then rest their case on that which they do not understand! That's no way to find the whole truth about a subject. That's no way to be sure you're making the right decision when you support something. That's no way to set government policy. Groves and Company at the Manhattan Project were comfortable admitting how little they knew about the dangers of plutonium. But that excuse shouldn't hold water anymore. Too much time has past. Too many people have died. But instead of seeking truth, for half a century THEY (YOU) have tried to ostracize your opponents -- as McNally actually claims pro-nukers try to do in his recent emails to me (some of which were sent to you previously). By making honest discourse impossible by flying into a rage every time a significant question is raised about the topic, or by simply calling people uninformed, regardless of the facts, you have, along with McNally and thousands of employees in the nuclear industry, actually succeeded in stifling much of the debate this vital topic deserves. But it's been costly. It's cost you your reputations. It's cost the public hundreds of billions of dollars, thrown down the nuclear rat-hole. It's cost America our democracy, since democracy is based on TRUTH, not THE BIG LIE that nuclear weapons make us safe, that nuclear power provides clean, safe energy, that the public supports all these ideas, etc.. It's cost lives. Deaths caused by Three Mile Island were carefully concealed from the public. Billions have been paid out to TMI's survivors to silence them (every settlement includes a no-speak clause). All this takes it's toll on those who do it. Lying is stressful to the liar. That's the basis of how most "lie detectors" work. Most control-room jockies have a relatively limited educational experience -- it's not what is called "rich," as in wide and varying and distinguished. I'm sure many of those that do expand their horizons and get a broad education then LEAVE the nuclear industry pretty darned quickly. I'd say "wouldn't you?" but I don't know your own personal background, or even, for that matter, the name of any specific DOE employee who is reading these words. If there is a broadly educated DOE employee who can respond to this letter, I'll be delighted to dialogue with that person. But I doubt you could even put together a committee at DOE that included the properly educated experts to respond to the many areas of concern I've touched on here, let alone find ONE PERSON to debate these issues before the public. All this leads me to the purpose of this email, which is to show you a letter I received from Bruno Comby, of France. France is a very pro-nuclear nation, whose armed forces have repeated attacked so-called "anti-nuclear activists", even killing them in foreign waters. France has developed nuclear bombs, nuclear power plants (which run dreadfully), nuclear reprocessing centers (they poison the English Channel daily), a nuclear navy, and they probably use plutonium listening devices under OUR harbors, like we use under various other countries' harbors. In any event, Bruno Comby makes some additional points regarding the subject of "Beta Blockers," which I have inquired about for several months now, and have yet to receive any reply from DOE. I wish his additional comments to be included in the discussion, and be responded to by the DOE along with their/your response to my own comments (shown again, below). Thank you in advance, Sincerely, Russell Hoffman Concerned Citizen Carlsbad, CA At 12:19 PM 9/13/2004 +0200, Bruno Comby wrote: >Dear Russell, > >I'd be interested in the results about beta-blocker consumption in nuclear >operators if you get an answer to your request. > >The DOE may be embarassed by your request for several reasons : a/ such >statistics may not exist - if they do exist, they may not be public 2/ >also if they do, the results may be embarassing (beta-blockers are >commonly prescribed in the population, and some nuclear operators probably >do take some - should they be fired knowing that their behaviour and >mental awareness are partially diminished ? 3/ if you have to fire all the >nuclear operators that take medications with some neurological >side-effects (beta blockers, but also tranquilizers, sleeping pills, etc.) >those that smoke, those that have taken drugs at some point in their lives >(would they even tell their employer if they did ?), those that drink too >much coffee, those that occasionnally drink alcohol, those that are >overweight (that also makes you sleepy, diminishes speed of reflexes, and >lowers your capacity)... how many will be left to run the nuclear power >plants ? 4/ such infos may be difficult to gather (where do you put the >limits? would the subjects tell the truth, especially if their job is at >risk?) 5/ putting such infos (if they exist and can be considered >reliable) in the media may be badly used 6/ but... you're right to ask, >and I'd be glad to know the results. Hope they're not too scary ! > >In fact, a more general medical study including among others, the >parameters cited above may be more appropriate than questioning only about >beta-blockers (who are commonly prescribed as heart treatment but also for >a number of other reasons : as tranquilizers, against hand tremor, etc.). > >If I were the DOE, I wouldn't like your question, and I can understand >they wouldn't answer you rapidly : it creates extra work for them, it's >embarassing, and the results (if any are available, and can be considered >reliable) could be mis-interpreted. > >Yours sincerely, with kindest regards. > >Bruno Comby. > >____________________ > >INSTITUT BRUNO COMBY > >Recherche scientifique et sante publique preventive (ass loi 1901) >Scientific research and promotion of public health (not-for-profit >organization) > >55 rue Victor Hugo, 78800 Houilles, France > >Tel : +33 1 30 86 00 33 - Fax : +33 1 30 86 00 10 > >E-mail : ibc@comby.org >Web : http://www.comby.org (choose your language) >__________________ > > > >Russell D. Hoffman wrote: >>To: "MMS Staff, DOE" <"MMS Notifier" >>cc: , "Bryan McNally" >>September 12th, 2004 >>To Whom It May Concern: >>Thank you for informing me of the inclusion of banned content in the >>message I sent to DOE last night. Sorry 'bout that! >>The "bad word" was in the letter to me by one of your (DOE's) most rabid >>(so to speak) supporters. I had tried to remove all the baddies like >>that from his message before sending it, but, being human, I must have >>missed one. >>I will reclean his potty-mouth trash and resend the message forthwith, >>along with the current "round" with the person who has been flaming me on >>your behalf. >>Thank you again for the notification -- I have removed the banned word >>from the copy of your letter to me (shown below) so that this one can >>make it past the electronic smothering system at your end. >>I would suggest, in the future, you send two separate emails when there >>is a problem like this -- one WITH the banned words (like yours, shown >>below, modified) and one without. This will help ensure that the person >>sending the email is notified because it will allow the message to get >>through THEIR system regardless of their settings. After all, after >>getting Mr. McNally's letters (which contained the banned words) I was >>sorely tempted to reset my settings so such words couldn't get through! >>But unfortunately, out here in the real world, such a thing is much more >>difficult to do than at the DOE, because a lot of otherwise very good >>writers do use such words from time to time, and it would be a shame (out >>here in the real world) to lose those essays. It's good to know how >>people really feel. Some have to resort to vulgarities to express >>themselves, but that doesn't mean their opinions are irrelevant. >>Also, people do not necessarily set their outgoing flame-checking the >>same as their incoming one (they may not even be able to set an outgoing >>filter, for example), and they sometimes change their settings. By >>sending a non-offensive response you would help ensure that your message >>got through to the other party. >>It may, after all, be a matter of vital national security, like this one is. >>BTW I'm still waiting for a DOE/NRC response to my inquiry earlier this >>year about how many nuclear reactor operators are currently on the heart >>medication known as "Beta Blockers", if any. Could you please see what >>is taking so long to get a simple count from each nuclear power plant? >>I would also like to know what the rules are for the use of "Beta >>Blockers" while working in the nuclear industry. These drugs have been >>tied to numerous problems some of which might directly impact their >>performance on the job, including hallucinations, confusion, convulsions, >>blurred vision, heart attacks, difficulty breathing, ringing in ears >>(might think it's an alarm), increased need to visit therapists, and >>worsening of depression, possibly caused by sexual dysfunction. If the >>use of "Beta Blockers" is banned, when did the ban take effect and how >>many workers have had to retire in order to take their heart medication >>since the ban took effect? >>Sincerely, >>Russell Hoffman >>Concerned Citizen >>Carlsbad, CA >>At 03:52 AM 9/12/2004 -0400, "MMS Notifier" wrote: >> >>>Your message contained inappropriate language which is unacceptable at >>>the U.S. Department of Energy. Please make the appropriate changes and >>>resubmit your message. >>> >>>Thank you. >>> >>>Date: 09/12/2004, 03:52:06 AM >>>Subject: Re: Stop Cassini (follow-up) >>>Policy: Obscene Word - Return to Sender (Recipient) >>>Recipients: >>>Reason: >>>List:Obscene Word - Return To Sender >>>Found the expression "........" 1 times, at 1 points each, for an >>>expression score of 1 points. >>>============================================================= >>>Total Message Score: 1 points. >> >>************************************************* >>** THE ANIMATED SOFTWARE COMPANY >>** Russell D. Hoffman, Owner and Chief Programmer >>** P.O. Box 1936, Carlsbad CA 92018-1936 >>** (800) 551-2726 >>** (760) 720-7261 >>** Fax: (760) 720-7394 >>** Visit the world's most eclectic web site: >>** http://www.animatedsoftware.com >>************************************************* >>IF YOU RECEIVED THIS EMAIL IN ERROR AND/OR DO NOT WISH TO RECEIVE ANY >>MORE EMAILS FROM US FOR ANY REASON, PLEASE CONTACT RUSSELL HOFFMAN AT: >>rhoffman@animatedsoftware.com >>MailTo:rhoffman@animatedsoftware.com?Subject=Unsubscribe-me-please . >>Please be sure that "Unsubscribe-me-please" appears in the subject line. ================================================================ Most recent related correspondence (a letter to Mr. Bryan McNally): ================================================================ Subject: Re: Stop Cassini (another follow-up) To: Bryan McNally cc: "James Lovelock" , "Office of Public Affairs/NRC" At 07:06 PM 9/12/2004 -0700, Bryan McNally wrote (clip): >I don't know if this is some lame attempt at >intimidating me, or not. I suspect it is. ================================================== Mr. McNally, If you are intimidated by the truth, then yes, that's exactly what it is. If you're intimidated by facing the facts about what incredible potential terrorist targets nuclear power plants are, then yes, you should consider yourself intimidated. If honest discourse scares you, be very afraid. WHY do you find space-based mirrors, offshore wind farms, or OTEC impractical? Because they haven't been done, you say, so therefore they must be uneconomical? Nukes received hundreds of billions of dollars in federal investment, while these ideas get perhaps 10s of millions (less than 1/1000th of the investment) and you call the playing field level? You are no economist, that's for sure. Proper "pilot programs" could produce enough CLEAN ENERGY to replace California's nukes, at far less danger to the public and probably much lower cost. As for space-based mirrors, they could provide extended evening and dawn light to downtown metropolises, extending winter daylight, for example, by several hours. Of course, you say I'm supposed to pardon your ignorance. Why? Because you've never heard of a practical space-based energy system in your life that didn't involve nuclear power? I've met real, bona-fide inventors in all sorts of fields, and I trust them a heck of a lot more than I'll ever trust you to have done the research on what is practical and what isn't. Not everything practical becomes popular. Inefficient pumps rob society of energy -- but will the pump industry change? Not on your life! Why try to get millions of people to change for a 1% energy savings, when they've been buying your "slightly" less efficient pump for literally 100 years? Why indeed? Because America and the world has to work together to find clean and efficient energy solutions. A 1% savings on every pump in the world would be very substantial. Shall I name a few innovative pumps so you can try to disprove their efficiency scores, or do you get the idea? Despite your assertions, I have no "church," but if loving humanity is a religion, you are certainly a sinner: You agree that San Onofre is old and withered, yet you don't call for it to be shut down -- you just blame ME for that, saying it's because I don't allow the industry to build new plants! But the industry, not ME -- wants the licenses extended on those decades-old deadbeat plants -- you have completely confused the issues and will probably blame "antinuclear" activists when there (finally?) is a meltdown, because, after all, we either complained too loudly, or not loudly enough! Similarly, all your other arguments for nuclear power are flawed, but you don't question them. You have done so little research into the opposition arguments as to have failed to come across the name of Dr. John Gofman -- and you say you've tried to study both sides! Ha! If I'm "ostracised" (sic), it's because people like you are arrogant and unrelentless in your pursuit of those who might question the current dogma. "Coal! Coal! Coal! Look at all the coal!" is certainly the pronuker's most typical response -- right down to the line about the reactors having to be properly operating for your equation to make sense -- those that are within Federal guidelines meet your silly test -- all others get stricken from the record. You call me a hypocrite for calling SCE "terrorists" for threatening to kill hundreds of thousands of people. Sorry, but if the shoe fits, they have to wear it. Sincerely, Russell Hoffman Concerned Citizen Carlsbad, CA P.S. Bucky Fuller was a futurist, although I never met him. He was also a scientist with about 60 degrees. What are you? P.P.S. In an earlier letter to me you included "www.ecolo.org" under your name and city. There was no reason not to assume you were affiliated with that oddball organization whose views you mimic, and I'm not at all sure you're now saying you are not. Your repeated vile attacks (last March you wrote to call me names, too, for instance) do make the issue rather important since they could lose their tax-free status (if they have one) from one of their officers carrying on with such rude and illegal behavior (yes, Mr. McNally, libel is still illegal in America). [Note: Mr. McNally has assured us in further emails that he is NOT an officer of "EFN" ( www.ecolo.org ). -- rdh] =============================================================== ************************************************* ** THE ANIMATED SOFTWARE COMPANY ** Russell D. Hoffman, Owner and Chief Programmer ** P.O. Box 1936, Carlsbad CA 92018-1936 ** (800) 551-2726 ** (760) 720-7261 ** Fax: (760) 720-7394 ** Visit the world's most eclectic web site: ** http://www.animatedsoftware.com ************************************************* IF YOU RECEIVED THIS EMAIL IN ERROR AND/OR DO NOT WISH TO RECEIVE ANY MORE EMAILS FROM US FOR ANY REASON, PLEASE CONTACT RUSSELL HOFFMAN AT: rhoffman@animatedsoftware.com MailTo:rhoffman@animatedsoftware.com?Subject=Unsubscribe-me-please . Please be sure that "Unsubscribe-me-please" appears in the subject line. ***************************************************************** 37 Paducah Sun: First hearing set in Lockheed whistleblower suits [http://www.paducahsun.com/] Paducah, Kentucky After five years and many delays, lawsuits concerning the Paducah Gaseous Diffusion Plant will be discussed in court. By Bill Bartleman bbartleman@paducahsun.com 270.575.8651 Saturday, September 11, 2004 The first court hearing regarding whistleblower lawsuits against former Paducah Gaseous Diffusion Plant operator Lockheed Martin will be held Tuesday in U.S. District Court in Paducah. Judge Joseph McKinley Jr. will hear arguments by Lockheed that three suits be dismissed. Those suits accuse the firm of submitting false claims regarding the storage and handling of radioactive and hazardous waste. The judge also will consider motions to consolidate the suits filed by the U.S. Department of Justice, three current and former plant workers, and former plant worker John Tillson. The plaintiffs have agreed to the consolidation to speed litigation, according to Joe Egan, the Washington, D.C.-based attorney for the three current and former workers. Hundreds of pages of documents have been filed regarding the motions, Egan said. If the judge does not dismiss the suits, additional hearings will be held soon to establish a trial date and a timetable for filing pleadings. The suits claim that the false documents were filed to hide contamination at the plant that is costing more than $1 billion to clean up. It also asks that Lockheed, which has denied the allegations, be ordered to repay hundreds of millions of dollars in operating bonuses that were based on the false claims. The whistleblower allegations have lingered in federal court since 1999 when the first suit was filed by Egan on behalf of Ronald B. Fowler, Charles F. Deuschle and Garland Jenkins, and the Natural Resources Defense Council, a Washington-based environmental group. The case was dormant while the Department of Justice conducted its own investigation to determine if there was merit to the allegations. The investigation, which cost more than $1 million, included a review of hundreds of thousands of pages of records, digging into old landfills, testing soil and testing hazardous materials stored at the plant. In May 2003, the Department of Justice said it found merit to the allegations and filed a notice that it was intervening in the case. Tillson's suit, filed in 2000, contained allegations similar to those in the 1999 suit. If Lockheed is ordered to repay the fees, the current and former employees could receive up to 25 percent of the proceeds. The rest would go to the federal government and could be used to help pay for cleanup at the plant where nuclear fuel has been produced for more than 50 years. ***************************************************************** 38 [du-list] the word "atomicity" Date: Mon, 13 Sep 2004 14:21:47 -0700 Like Jack, I've been bothered by the use of the word "atomicity" for I've read much in scientific literature regarding nuclear issues and had never seen the word before it appeared in writing from Leuren Moret. Apparently she was quoting someone else, yet it behooves a writer on nuclear issues to ask for clarification if an interviewee uses an inappropriate word. While science is not the be-all and end-all all of reality, in this case science is being discussed. Challenging the use of a word such as "atomicity" is nit-picking, yet doing real science is about as nit picking as you can get. A cursory search on the internet for the word "atomicity" reveals that it IS a real scientific term. However, it has nothing to do with describing nuclear weapon yield. Below is the definition I found, and there are also various research articles in which the word "atomicity" is used. Again, it has nothing to do with describing nuclear weapons yield. Knowing this defintion renders is use even more meaingless in the context mentioned. Webster's 1913 Dictionary At`o`mic´i`ty n. 1. (Chem.) Degree of atomic attraction; equivalence; valence; also (a later use) the number of atoms in an elementary molecule. See Valence. However another thought I have about unsubstantiated claims that get out into the press is that it may result in what I'd call the "Hollywood Effect" i.e., any press good, bad, accurate or not is actually good press,just because it gets attention to the subject matter. I took a journalism in college in which we learned that in newspapers, one must write to the level of junior high comprehension--sad thought, that. Most people who have graduated from college, even with PhD have not been prepared to understand nuclear issues. [A side note: when, 21years after starting, I finally graduated from college. At graduation ceremonies there were two catagories of PhD which drew spontaneous boos when recognized: 1. those in business administration; 2. those in nuclear engineering] Below is a quotefrom recent post by Jack Cohen-Joppa: ><> <>< Further study about the source of this extreme comparison reveals that the unit measured is "atomicity", an intellectual construct coined by a Japanese scientist. It is simply the calculated number of radioactive atoms involved, with no regard for the type of radiation present and its relative biological impact, method of dispersal, etc. The comparison is meaningless at least, misleading at worst. ><> <>< Elaine "I am quaking in my genes knowing the mayhem men manufacture" Felice & Jack Cohen-Joppa wrote: DU Disinfo Dupes Project Censored. (~2300 words) by Jack Cohen-Joppa Background: Project Censored picked "High Uranium Levels Found in Troops and Civilians" as the #4 most-censored story this year, citing the following: * "Uranium Medical Research Centers Preliminary Findings from Afghanistan and Operation Enduring Freedom" and "Afghan < < < SNIP [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> $9.95 domain names from Yahoo!. Register anything. http://us.click.yahoo.com/J8kdrA/y20IAA/yQLSAA/FGYolB/TM --------------------------------------------------------------------~-> To unsubscribe from this groups send a message to du-list-unsubscribe@yahoogroups.com. In the body of the message type unsubscribe and send. Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/du-list/ <*> To unsubscribe from this group, send an email to: du-list-unsubscribe@yahoogroups.com <*> Your use of Yahoo! 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